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MARYLAND CASUALTY CO. v. TEXAS CO.

No. 11755.

114 F.2d 952 (1940)

MARYLAND CASUALTY CO. v. TEXAS CO. et al.

Circuit Court of Appeals, Eighth Circuit.

October 14, 1940.

Attorney(s) appearing for the Case

Clifford B. Kimberly, of Kansas City, Mo. (J. L. Milligan and David R. Derge, both of Kansas City, Mo., on the brief), for appellant.

Horace F. Blackwell, Jr., of Kansas City, Mo. (Samuel W. Sawyer, Winston H. Woodson, and Lathrop, Crane, Reynolds, Sawyer & Mersereau, all of Kansas City, Mo., on the brief), for appellee Texas Co.

Guy W. Green, Jr., of Kansas City, Mo. (S. L. Trusty, Smith F. Brandom, P. H. Slattery, Ben Mossel, K. Martin Kirschner, and A. L. Vonck, all of Kansas City, Mo., on the brief), for appellees J. E. Ormsby and others.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.

SANBORN, Circuit Judge.

This appeal is from a judgment dismissing a suit brought by the appellant, under the Federal Declaratory Judgment Act, § 400, Tit. 28, U.S.C., 28 U.S.C.A. § 400, against The Texas Company, the Hardware Mutual Casualty Company, and six individuals, Clifford J. Kerl, Paul Deming, J. E. Ormsby, Clifford O. Jones, Bernard Delmar Garrett and John Broderick.

The complaint, after alleging diversity of citizenship and that more than...

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