Webb v. Scully

SEAR, District Judge:

On a prior day the motion of all defendants to dismiss, and the motion of defendant State Farm Insurance Company to dismiss for failure to state a claim upon which relief can be granted came on for a hearing. After oral argument the motions were taken under submission pending the filing of supplemental memoranda.

The history of the parties and their claims deserves some explication as a precedent to analyzing these motions. On February 25, 1958, Mitzi Rosetta Alsip Daughtrey, then the lawful wife of Wayne O. Webb, gave birth to John Lee Webb. On January 30, 1967, by order…