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STATE FARM MUT. AUTO. INS. v. AMER. COMMUNITY MUT. INS. CO.

No. 85-CV-10472-BC.

659 F.Supp. 635 (1987)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Individually and as Subrogee of Robert Beach and Lois Beach, Plaintiff, v. AMERICAN COMMUNITY MUTUAL INSURANCE COMPANY, City Auto Parts Company, City Auto Parts and Affiliated Companies Voluntary Employee Benefit Plan and American Life and Casualty Company, Defendants.

United States District Court, E.D. Michigan, N.D.

April 22, 1987.

Attorney(s) appearing for the Case

Edward B. Davison, Gault, Davison, Bowers & Hill, Flint, Mich., for plaintiff.

Frank M. Quinn, Braun, Kendrick, Finkbeiner, Schafer & Murphy, Bay City, Mich., for American Community Mut., City Auto Parts Co., and City Auto Parts and Affiliated Companies Voluntary Employee Benefit Plan.

Timothy J. Walker, Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, Iowa, for American Life & Cas. Co.

MEMORANDUM OPINION

CHURCHILL, District Judge.

Following a hearing, the court took under advisement the motion for summary judgment filed by Defendants City Auto Parts Company, City Auto Parts and Affiliated Companies Employee Benefit Plan and American Life and Casualty. These defendants are referred to collectively as the Plan. Plaintiff seeks to recover amounts it paid to Robert and Lois Beach under a no-fault auto insurance policy which it claims should...

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