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

No. 3:92-CV-378-P.

843 F.Supp. 89 (1994)

Timothy FOSTER and Tonya Foster, Plaintiffs, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Defendant.

United States District Court, W.D. North Carolina, Charlotte Division.

February 9, 1994.

Attorney(s) appearing for the Case

Fred W. DeVore, III, DeVore & Acton, Charlotte, NC, for plaintiffs.

Ned A. Stiles, Golding, Meekins, Holden, Cosper & Stiles, Charlotte, NC, for defendant.

MEMORANDUM OF DECISION AND ORDER

ROBERT D. POTTER, District Judge.

THIS MATTER is before the Court on cross-motions for summary judgment. Defendant's motion was filed on September 30, 1993 and Plaintiff's Memorandum in Support of Declaratory Judgment, which the Court will treat as a cross summary judgment motion, was filed September 30, 1993. The Court heard oral argument on these motions on January 7, 1994.

The parties have stipulated...

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