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DANLEY v. STATE FARM MUT. AUTO. INS. CO.

Civ. A. No. 1:CV-92-1441.

808 F.Supp. 399 (1992)

Janet L. DANLEY and Luther Danley, husband and wife, Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

United States District Court, M.D. Pennsylvania.

December 10, 1992.

Attorney(s) appearing for the Case

John W. Thompson, Jr., York, PA, for plaintiff.

Rolf E. Kroll, Harrisburg, PA, for defendant.

MEMORANDUM

CALDWELL, District Judge.

Before us is defendant's Fed.R.Civ.P. 12(b)(6) motion to dismiss certain parts of the complaint, which seeks redress for alleged failure to pay benefits under a first-party automobile insurance contract. We exercise jurisdiction pursuant to 28 U.S.C. §§ 1332 and 1441.

I. Facts

Sometime before February, 1989, defendant State Farm Mutual Automobile Insurance Company ("State Farm") issued...

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