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FORD MOTOR CO. v. INSURANCE CO. OF NORTH AMERICA

No. 80-1574.

669 F.2d 421 (1982)

FORD MOTOR COMPANY, Plaintiff-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 1, 1982.

Rehearing Denied March 23, 1982.

Attorney(s) appearing for the Case

John L. Hopkins, Jr., Ilene Gordon, Southfield, Mich., for plaintiff-appellant.

John A. Kruse, Michael F. Schmidt, Harvey, Kruse & Westen, P. C., Detroit, Mich., for defendant-appellee.

Before WEICK and LIVELY, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

LIVELY, Circuit Judge.

In this appeal we conclude that a federal court has no jurisdiction where a party claiming damages arising out of the use of a motor vehicle sues the insurer of the vehicle under the Michigan "no-fault" statute and a policy issued thereunder, where the plaintiff and the insured owner of the vehicle, though not a party, are citizens of the same state.

I.

The plaintiff Ford Motor Company (Ford) suffered property damage when an...

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