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COMMERCIAL CASUALTY INS. CO. v. MISSOURI PAC. TRANSP. CO.

No. 11845.

117 F.2d 313 (1941)

COMMERCIAL CASUALTY INS. CO. v. MISSOURI PAC. TRANSP. CO.

Circuit Court of Appeals, Eighth Circuit.

February 4, 1941.

Attorney(s) appearing for the Case

Frank E. Williams, of St. Louis, Mo., and William McCraw, of Dallas, Tex. (McCraw & Holt, of Dallas, Tex., Fordyce, White, Mayne, Williams & Hartman, of St. Louis, Mo., and Lloyd Davidson, Jr., of Dallas, Tex., on the brief), for appellant.

Thomas B. Pryor, of Fort Smith, Ark., and Henry Donham, of Little Rock, Ark. (Thomas T. Railey, of St. Louis, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

The insurance company brought this suit against the transportation company to obtain declaratory judgment that the plaintiff was not liable to pay certain personal injury judgments rendered against the transportation company resulting from an accident which occurred during the life and within the coverage of the public liability policy issued by the plaintiff to the defendant. The alleged ground of nonliability was that the insured had not...

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