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CARPENTER v. CONTINENTAL CASUALTY CO.

No. 11000.

95 F.2d 634 (1938)

CARPENTER v. CONTINENTAL CASUALTY CO.

Circuit Court of Appeals, Eighth Circuit.

March 19, 1938.

Attorney(s) appearing for the Case

Holton Davenport, of Sioux Falls, S. D. (C. J. Delbridge and George J. Danforth, both of Sioux Falls, S. D., on the brief), for appellant.

Gale B. Braithwaite, of Sioux Falls, S. D. (U. S. G. Cherry, of Sioux Falls, S. D., on the brief), for appellee.

Before STONE, GARDNER, and WOODROUGH, Circuit Judges.

GARDNER, Circuit Judge.

Appellant, as plaintiff, brought this action against appellee to recover upon the so-called "direct action" clause of a liability insurance policy issued by appellee to the Wagner Construction Company, of Sioux Falls, S. D. The parties will be referred to as they were designated in the lower court.

Plaintiff, in an action in the state court, recovered a judgment against the Wagner Construction Company and R. S. Sweetman for $14,830...

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