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STATE FARM MUT. AUTOMOBILE INS. CO. v. BONACCI

No. 11468.

111 F.2d 412 (1940)

STATE FARM MUT. AUTOMOBILE INS. CO. v. BONACCI et al.

Circuit Court of Appeals, Eighth Circuit.

April 22, 1940.

Attorney(s) appearing for the Case

W. C. Fraser, of Omaha, Neb. (C. F. Connolly and Crofoot, Fraser, Connolly & Stryker, all of Omaha, Neb., on the brief), for appellant.

E. D. O'Sullivan, of Omaha, Neb. (C. J. Southard and George H. Merten, both of Omaha, Neb., on the brief), for appellees.

Before STONE, GARDNER, and SANBORN, Circuit Judges.

GARDNER, Circuit Judge.

This is an appeal from a judgment in a proceeding for a declaratory judgment, in which appellant sought to avoid liability under the provisions of a policy of automobile liability insurance because of the failure of its insured, Thomas Cerra, actively to cooperate in accordance with a provision in the policy, in defending separate actions brought by appellees Antonio Bonacci and Angelina Bonacci against the appellee Thomas Cerra, the insured...

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