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TRINITY UNIVERSAL INS. CO. v. CUNNINGHAM

No. 11448.

107 F.2d 857 (1939)

TRINITY UNIVERSAL INS. CO. v. CUNNINGHAM et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 27, 1939.

Attorney(s) appearing for the Case

S. M. Mandell, of Kansas City, Mo., and Hobert Price, of Dallas, Tex. (S. L. Trusty, of Kansas City, Mo., on the brief), for appellant.

William F. Knowles, of Kansas City, Mo. (Sprinkle & Knowles, George Aylward, and Mont T. Prewitt, all of Kansas City, Mo., on the brief), for appellees.

Before THOMAS and VAN VALKENBURGH, Circuit Judges, and DEWEY, District Judge.

DEWEY, District Judge.

Appellant, questioning its liability on an indemnity insurance policy, sought relief in an action against parties claiming a beneficial interest therein and the assured for a declaratory judgment.

There was no dispute as to the facts and the parties agree that the findings made by the trial court constitute a true and correct statement. In so far as they bear upon the questions of law raised in this appeal, they are as follows,

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