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STATE AUTO. MUT. INS. CO. v. NICHOLS

Civ. A. No. 4:86-cv-136-HLM.

710 F.Supp. 1359 (1989)

STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, Plaintiff, v. Donald NICHOLS and Jo Ann Nichols, Defendants, and John Doe and Michael McCormick, Additional Defendants on Counterclaim.

United States District Court, N.D. Georgia, Rome Division.

March 8, 1989.

Attorney(s) appearing for the Case

J. Clinton Sumner, Jr., Rogers, Magruder, Sumner, Brinson & Seigler, Rome, Ga., for State Auto. Mut. Ins. Co.

John W. Davis, Jr., Frank Milton Gleason, Gleason & Davis, Rossville, Ga., for Donald Nichols and Jo Ann Nichols.

ORDER

HAROLD L. MURPHY, District Judge.

This case is before the Court on a motion for summary judgment of Plaintiff State Automobile Mutual Insurance Company (SAMI). For the reasons set forth below, the motion shall be GRANTED in part and DENIED in part.

I. Factual Background

SAMI filed this declaratory judgment action in response to a claim for benefits made by Donald and Jo Ann Nichols (the Nichols1

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