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BATTLE v. SEIBELS BRUCE INS. CO.

Nos. 01-1214, 01-1256.

288 F.3d 596 (2002)

Joseph BATTLE, Plaintiff-Appellant, v. SEIBELS BRUCE INSURANCE COMPANY; South Carolina Insurance Company, Defendants-Appellees, and Glasgow Hicks Company; North Carolina Joint Underwriting Association, Defendants. Joseph Battle, Plaintiff-Appellee, v. Seibels Bruce Insurance Company; South Carolina Insurance Company, Defendants-Appellants, and Glasgow Hicks Company; North Carolina Joint Underwriting Association, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided April 29, 2002.

Attorney(s) appearing for the Case

ARGUED: Carmen J. Battle, Fayetteville, North Carolina, for Appellant. Gerald Joseph Nielsen, Nielsen Law Firm, Metairie, Louisiana, for Appellees. ON BRIEF: Walter T. Johnson, Jr., Greensboro, North Carolina, for Appellant. Eric Stevens, Poyner & Spruill, L.L.P., Raleigh, North Carolina, for Appellees.

Before WIDENER and WILLIAMS, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Affirmed in part, vacated in part, and remanded by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge WILLIAMS joined. Judge WIDENER wrote a concurring and dissenting opinion.

OPINION

HAMILTON, Senior Circuit Judge.

This appeal primarily presents a subject matter jurisdiction question with respect to certain claims emanating from a coverage dispute between a homeowner and the South Carolina Insurance Company (SCIC) which involves...

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