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SOUTHEAST NUR. HOME v. ST. PAUL FIRE & MARINE INS.

Civ. A. No. 79-AR-0808-S.

559 F.Supp. 883 (1982)

SOUTHEAST NURSING HOME, INC., a corporation, Plaintiff, v. The ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Defendant.

United States District Court, N.D. Alabama, S.D.

December 29, 1982.

Attorney(s) appearing for the Case

James E. Clark, London, Yancey, Clark & Allen, Birmingham, Ala., for plaintiff.

William C. Wood, Jr., Robert D. Norman, Norman, Fitzpatrick & Wood, Birmingham, Ala., for defendant.

MEMORANDUM OPINION

ACKER, District Judge.

On December 20, 1979, Hon. Frank H. McFadden of this Court granted the motion of defendant, The St. Paul Fire and Marine Insurance Company (St. Paul), to dismiss that portion of the complaint of Southeast Nursing Home, Inc. (Southeast) which attempted to claim a breach of the insurance agreement. Judge McFadden held that Southeast's failure to follow through with the binding arbitration provision in the agreement...

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