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ALLSTATE INS. CO. v. U.S. FIDELITY AND GUAR. CO.

Civ. No. 85-2295.

663 F.Supp. 548 (1987)

ALLSTATE INSURANCE COMPANY, Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Dennis K. Cumpton, Linda Cumpton and Jeffrey Gourley, Defendants.

United States District Court, W.D. Arkansas, Fort Smith Division.

June 15, 1987.

Attorney(s) appearing for the Case

Thomas B. Pryor, of Pryor, Barry, Smith and Karber, Fort Smith, Ark., for plaintiff.

Douglas O. Smith, Jr., of Warner and Smith, Fort Smith, Ark., for defendant U.S. Fidelity & Guar. Co.

Eddie N. Christian, of Christian & Beland, Fort Smith, Ark., for defendants Dennis K. Cumpton and Linda Cumpton.

William F. Smith, of Mobley and Smith, Russellville, Ark., for defendant Jeffrey Gourley.

MEMORANDUM OPINION

H. FRANKLIN WATERS, Chief Judge.

Introduction

This is a declaratory judgment action filed by Allstate Insurance Company against United States Fidelity and Guaranty Company, Dennis K. Cumpton and Linda Cumpton and Jeffrey Gourley. The court has jurisdiction by reason of diversity of citizenship and sufficient jurisdictional amount. 28 U.S.C. § 1332. The case was tried to the court on June 9, 1987.

The Facts

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