Duke Power Co. v. Indemnity Insurance

WARLICK, District Judge.

This action was instituted in the Superior Court of Mecklenburg County, and on petition was removed to this court on account of a diversity of citizenship, under Title 28 U.S.C.A. § 1332. It is an action in which plaintiff seeks to recover of the defendant the sum of $27,-441.27, with interest, allegedly arising *263from and under the terms of a policy of liability insurance issued by the defendant in favor of the plaintiff. This hearing arises under a motion made by plaintiff for Summary Judgment under Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The facts…