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MUTUAL SERVICE CAS. INS. CO. v. HENDERSON

No. 03-13046.

368 F.3d 1309 (2004)

MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Plaintiff-Counter-Defendant-Appellee, v. Ronald HENDERSON, Phyllis Henderson, Defendants-Counter-Claimants-Appellants, Myron Anderson, et al., Defendants.

United States Court of Appeals, Eleventh Circuit.

May 5, 2004.

Attorney(s) appearing for the Case

Anne Stone Sumblin, Kinston, AL, for Ronald Henderson.

Clyde C. Owen, Jr., Ball, Ball, Matthews & Novak, P.A., Montgomery, AL, for Mut. Serv. Cas. Ins. Co.

Before MARCUS and WILSON, Circuit Judges, and LIMBAUGH, District Judge.

WILSON, Circuit Judge:

Ronald and Phyllis Henderson ("the Hendersons") appeal the district court's summary judgment order dismissing their bad faith claim against Mutual Service Casualty Insurance Company ("MSC"). They also appeal the court's denial of their motion for judgment as a matter of law on their breach of contract claim.

While we find no error with respect to the Hendersons's "normal" bad faith claim, the district court erred in dismissing the Henderson...

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