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MASCARELLA v. U.S. FIDELITY AND GUAR. CO.

No. CIV.A. 2:98CV289PG.

71 F.Supp.2d 598 (1999)

Kade MASCARELLA, Plaintiff, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant.

United States District Court, S.D. Mississippi, Hattiesburg Division.

November 17, 1999.

Attorney(s) appearing for the Case

Stephen K. Thomas, James H.C. Thomas, Jr., Ray T. Price, Ray T. Price, Hattiesburg, MS, for Kade Mascarella, plaintiffs.

Michael W. Baxter, Charles Greg Copeland, Copeland, Cook, Taylor & Bush, Ridgeland, MS, for United States Fidelity & Guaranty Insurance Company, defendants.

MEMORANDUM OPINION AND ORDER

PICKERING, District Judge.

This matter is before the Court on cross motions for summary judgment filed on behalf of the parties. The Court having reviewed the motions, the responses, the briefs of counsel, the authorities cited, the pleadings and exhibits on file and being otherwise fully advised in the premises, finds as follows, to wit:

FACTUAL BACKGROUND

On September 10, 1995, the Plaintiff...

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