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COMMERCIAL CASUALTY INS. CO. v. WHITE LINE T. & S. CO.

No. 11704.

114 F.2d 946 (1940)

COMMERCIAL CASUALTY INS. CO. v. WHITE LINE TRANSFER & STORAGE CO., Inc., et al.

Circuit Court of Appeals, Eighth Circuit.

October 14, 1940.

Attorney(s) appearing for the Case

John P. Hampton, of Chicago, Ill. (Louis L. Dent, George M. Weichelt, and Roger D. Doten, all of Chicago, Ill., on the brief), for appellant.

Ehlers English, of Des Moines, Iowa (Donald Evans and William F. Riley, both of Des Moines, Iowa, on the brief), for appellee Saint Paul Mercury Indemnity Co.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.

PER CURIAM.

This appeal is taken by the Commercial Casualty Insurance Company from a decree and judgment entered against it on November 29, 1939, in a suit for declaratory judgment wherein it was the party plaintiff. The gist of its complaint in this court is that there was irregularity in the proceedings and final decree and judgment resulting in erroneous denial of its right to a hearing and trial. It sought relief from the judgment by motion to set it aside, filed...

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