FOSTER v. COMMERCIAL STANDARD INS. CO.

No. 2209.

121 F.2d 117 (1941)

FOSTER et al. v. COMMERCIAL STANDARD INS. CO. OF FORT WORTH, TEX.

Circuit Court of Appeals, Tenth Circuit.

June 23, 1941.


Attorney(s) appearing for the Case

John M. Wall, of Sedan, Kan., and W. L. Cunningham and D. Arthur Walker, both of Arkansas City, Kan. (J. W. Dalton, of Sedan, Kan., and Wm. E. Cunningham, of Arkansas City, Kan., on the brief), for appellants.

Howard T. Fleeson, of Wichita, Kan. (C. H. Brooks, Carl G. Tebbe, and Wayne Coulson, all of Wichita, Kan., on the brief), for appellee.

Before PHILLIPS, HUXMAN, and MURRAH, Circuit Judges.


HUXMAN, Circuit Judge.

The Commercial Standard Insurance Company of Fort Worth, Texas, filed an action in the District Court of the United States for the District of Kansas seeking a declaratory judgment to determine its liability under a contract of insurance issued to J. W. Foster. The court found there was no liability under its policy. Judgment was rendered for plaintiff, from which defendants have appealed.

Foster was a contract carrier and in that connection...

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