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BRANDT TRUCKING CO. v. STEVENS

No. 1:99CV00158.

102 F.Supp.2d 664 (2000)

BRANDT TRUCKING COMPANY, et al., Plaintiffs, v. Jewell STEVENS, et al., Defendants.

United States District Court, W.D. Virginia, Abingdon Division.

July 7, 2000.

Attorney(s) appearing for the Case

Mark S. Paullin, Smith & Jensen, P.C., Richmond, VA, for plaintiffs.

John M. Lamie, Browning & Lamie, P.C., Abingdon, VA, for Jewell Stevens, defendant.

Johnny Allen Martin, Abingdon, VA, for Joseph P. Burnsworth, defendant.

Nancy Combs Dickenson, Lebanon, VA, for Thomas F. Burnsworth, defendant.

Daniel Hill Caldwell, Penn, Stuart & Eskridge, Abingdon, VA, for GEICO, defendant.

OPINION

JONES, District Judge.

The question is whether the court should abstain from deciding this declaratory judgment action over insurance coverage because of the pendency of the underlying state court tort action. Finding that the state court proceeding will decide the matters at issue, I will dismiss this action without prejudice.

I

Jewell Stevens was injured on December 11, 1997, when her automobile was struck by a truck in Russell...

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