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J. WISE SMITH v. NATIONWIDE MUT. INS. CO.

No. 95-2189.

925 F.Supp. 528 (1995)

J. WISE SMITH AND ASSOCIATES, INC., Plaintiff, v. NATIONWIDE MUTUAL INSURANCE CO., Defendant.

United States District Court, W.D. Tennessee.

December 5, 1995.

Attorney(s) appearing for the Case

Andrew H. Owens, Owens Law Office, Memphis, TN, for Plaintiff.

David A. McLaughlin, Waring Cox, Charles A. Sevier, Sevier Law Firm, Memphis, TN, for Defendant.

ORDER

McCALLA, District Judge.

Procedural Posture and History

On February 8, 1995, plaintiff filed suit against defendant in Shelby County Circuit Court alleging breach of an insurance contract in partially denying a claim for catastrophic loss. On March 13, 1995, the case was removed based on diversity of citizenship.1 On March 22, 1995, defendant filed an answer, admitting the existence of a policy

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