OHIO CASUALTY INS. CO. v. MURPHY

No. 40.

28 F.Supp. 252 (1939)

OHIO CASUALTY INS. CO. v. MURPHY et al.

District Court, W. D. Kentucky, at Louisville, Kentucky.

July 13, 1939.


Attorney(s) appearing for the Case

Woodward, Dawson & Hobson, of Louisville, Ky., for Ohio Casualty Ins. Co.

Charles W. Morris, of Louisville, Ky., for Sears, Roebuck & Co.

Barnes, Smith & Monarch, of Owensboro, Ky., for Bertha Stephens, adm'x of estate of Earl Hooper, deceased, and Orell Davidson.

Nicholas Johnson, of Louisville, Ky., for Perry Murphy.


MILLER, District Judge.

This action is brought by the Ohio Casualty Insurance Company under the provisions of the Declaratory Judgment Act (Section 274d of the Judicial Code, as amended, 28 U.S.C.A. § 400). The plaintiff seeks a declaration of its rights and liabilities with respect to an automobile liability insurance policy issued by it upon a motor truck owned and operated by the defendant Perry Murphy.

On and prior to July 7, 1938 Perry Murphy was...

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