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ÆTNA LIFE INS. CO. OF HARTFORD, CONN. v. MARTIN

No. 11491.

108 F.2d 824 (1940)

ÆTNA LIFE INS. CO. OF HARTFORD, CONN., v. MARTIN et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied February 12, 1940.

Attorney(s) appearing for the Case

S. Lasker Ehrman, of Little Rock, Ark., (Grover T. Owens and E. L. McHaney, Jr., both of Little Rock, Ark., on the brief), for appellant.

G. W. Hendricks, of Little Rock, Ark., (J. B. Milham, of Benton, Ark., and C. T. Cotham, of Hot Springs, Ark., on the brief), for appellees.

Before STONE, GARDNER, and SANBORN, Circuit Judges.

GARDNER, Circuit Judge.

This is an appeal by the plaintiff from a judgment dismissing its action brought under the Declaratory Judgment Act, Jud. Code § 274d, 28 U.S.C.A. § 400, to determine obligations under a contract of insurance. The parties will be referred to as they were designated below. As the case was disposed of on a motion to dismiss, the facts are taken from the pleadings.

Plaintiff is an insurance corporation organized under the laws...

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