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HENDERSON v. NATIONWIDE MUT. INS. CO.

No. CIV.A. 00-CV-6097.

169 F.Supp.2d 365 (2001)

Michael HENDERSON, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, E.D. Pennsylvania.

April 25, 2001.

Attorney(s) appearing for the Case

Richard Q. Hark, Hark and Hark, Philadelphia, PA, for Plaintiff.

Robert T. Horst, Robert M. Runyon, III, Nelson, Levine Deluca and Horst, LLC, Blue Bell, PA, for Defendant.

MEMORANDUM

GREEN, Senior District Judge.

Before the court is Defendant's Motion to Dismiss Plaintiff's Complaint pursuant to Fed.R.Civ.P. 12(b)(1) and Count II of the Complaint pursuant to Fed.R.Civ.P. 12(b)(6) and Plaintiff's Response thereto. For the following reasons, Defendant's motion will be denied.

I. FACTUAL AND PROCEDURAL BACKGROUND

On or about May 23, 1998, at approximately 3:20 a.m., Plaintiff Michael Henderson's 1995...

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