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COMMERCIAL UNION INS. CO. v. WESTROPE

No. 83-7259.

730 F.2d 729 (1984)

COMMERCIAL UNION INSURANCE COMPANY, Plaintiff-Appellee, v. Eugene WESTROPE, John Jetter, Loretta Jetter, and Joe Alday, Defendants, Nathan Overstreet, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 23, 1984.

Attorney(s) appearing for the Case

Marc E. Bradley, Fairhope, Ala., for Overstreet.

Robert G. Kendall, Mobile, Ala., for Jetter.

David F. Daniell, Mobile, Ala., for Westrope.

Robert M. Girardeau, Birmingham, Ala., for plaintiff-appellee.

Before KRAVITCH, JOHNSON and HATCHETT, Circuit Judges.

PER CURIAM:

In this declaratory judgment action, we examine whether the district court erred in denying Nathan Overstreet's motion to compel Eugene Westrope to submit to further deposition. The district court improperly ruled upon Overstreet's motion. We therefore reverse the district court's grant of summary judgment for Commercial Union Insurance Company (Commercial Union) and remand to the district court for a proper ruling on the discovery question.

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