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EXCESS INS. CO. OF AMERICA v. BRILLHART

No. 2223.

121 F.2d 776 (1941)

EXCESS INS. CO. OF AMERICA v. BRILLHART et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied August 28, 1941.

Attorney(s) appearing for the Case

Dick H. Woods, of Kansas City, Mo. (Louis R. Gates, of Kansas City, Kan., and Paul R. Stinson and Ryland, Stinson, Mag & Thompson, all of Kansas City, Mo., on the brief), for appellant.

Clarence C. Chilcott, of Kansas City, Mo. (Stuart T. McAlister and Ratner, McAlister & Mattox, all of Parsons, Kan., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

This is an appeal from a decree of the District Court of the United States for the District of Kansas dismissing appellant's petition for a declaratory judgment. 28 U.S.C.A. § 400. The sole question presented for consideration is the right of the Excess Insurance Company of America, appellant herein, to maintain an action for a declaratory judgment seeking to determine its liability to appellees under a reinsurance agreement contract executed...

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