Richard Rose v. State Farm Fire & Casualty Co, et al


OPINION and JUDGMENT filed : The district court s grant of summary judgment to State Farm on Rose s breach of contract and bad faith claims is REVERSED and REMANDED to the district court for further proceedings consistent with the opinion of this court. IT IS FURTHER ORDERED that Rose s claim on his Motion to Alter and Amend Judgment under Rule 59(e) is DENIED AS MOOT. Decision for publication. Eugene E. Siler, Jr. (AUTHORING), Ronald Lee Gilman, and Julia Smith Gibbons, Circuit Judges.

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Case: 13-3887 Document: 48-1 Filed: 09/08/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Deborah S. Hunt Clerk Tel. (513) 564-7000 Filed: September 08, 2014 Mr. Michael Glenn Gallaway Spilman Thomas & Battle P.O. Box 831 Wheeling, WV 26003 Mr. Gregory A. Harrison Dinsmore & Shohl 255 E. Fifth Street, Suite 1900 Cincinnati, OH 45202 Mr. Elliot Gene Hicks Mr. Don C.A. Parker Spilman, Thomas & Battle P.O. Box 273 Charleston, WV 25301 Re: Case No. 13-3887, Richard Rose v. State Farm Fire & Cas. Co. Originating Case No. : 2:10-cv-00874 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk cc: Mr. John P. Hehman Enclosures Mandate to issue.

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