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BAILEY v. NATIONWIDE MUT. INS. CO.

No. 9212SC179.

434 S.E.2d 625 (1993)

John P. BAILEY and wife, Janie Arlene Bailey, Plaintiffs, v. NATIONWIDE MUTUAL INSURANCE COMPANY and Aetna Life and Casualty Company, Defendants.

Court of Appeals of North Carolina.

September 21, 1993.

Attorney(s) appearing for the Case

Charles E. Sweeny, Fayetteville, for plaintiffs-appellants/appellees John P. Bailey and Janie Arlene Bailey.

LeBoeuf, Lamb, Leiby & MacRae by Peter M. Foley and Stephanie Hutchins Autry, Raleigh, for defendant-appellant/appellee Nationwide Mut. Ins. Co.

Anderson, Broadfoot, Johnson, Pittman & Lawrence by Lee B. Johnson, Fayetteville, for defendant-appellee Aetna.

JOHNSON, Judge.

This case is a declaratory judgment action wherein the insurance companies involved seek to determine their obligations arising out of an accident occurring on 3 December 1987. On that date, plaintiff John P. Bailey was driving a 1986 Toyota truck within the course and scope of his employment and was involved in an accident with a 1985 Ford automobile being driven by Ronnie Guy Eaton. Plaintiffs filed suit...

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