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NATIONWIDE MUT. INS. CO. v. POWELL

Nos. 01-1217, 01-2390.

292 F.3d 201 (2002)

NATIONWIDE MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. William POWELL; Debbie Powell, Defendants-Appellants. Nationwide Mutual Insurance Company, Plaintiff-Appellee, v. William Powell; Debbie Powell, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided May 29, 2002.

Attorney(s) appearing for the Case

ARGUED: Stuart Wesley Snow, Dusenbury, Snow & McGee, P.A., Florence, South Carolina, for Defendants-Appellants. John Robert Murphy, Murphy & Grantland, P.A., Columbia, South Carolina, for Plaintiff-Appellee. ON BRIEF: E. Raymond Moore, III, Murphy & Grantland, P.A., Columbia, South Carolina, for Plaintiff-Appellee.

Before WILKINS, TRAXLER, and GREGORY, Circuit Judges.

Reversed and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge TRAXLER and Judge GREGORY joined.

OPINION

WILKINS, Circuit Judge.

William Powell (William) and his wife, Debbie, appeal a district court order granting summary judgment against them in an action brought by Nationwide Mutual Insurance Company (Nationwide) seeking a declaration that an automobile policy it issued to William did not provide underinsured motorist...

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