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

No. 146.

48 F.Supp. 570 (1942)

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

District Court, W. D. Missouri, Central Division.

November 24, 1942.


Attorney(s) appearing for the Case

Fred F. Wesner, of Sedalia, Mo., for plaintiff.

D. S. Lamm and Lawrence Barnett, both of Sedalia, Mo., for defendant Smith.

Montgomery, Martin, Salveter & Montgomery, of Sedalia, Mo., for defendant Piper.

Frank W. Hayes, of Sedalia, Mo., for defendant McClure.


COLLET, District Judge.

This is a declaratory judgment action brought by an insurance company to determine its liability under an automobile liability insurance policy. A jury was waived and the cause submitted to the Court sitting as a jury.

The facts are substantially as follows: Mr. Smith holds a policy of insurance issued by the plaintiff company insuring him against claims arising from the operation of his automobile. The policy contains the usual provision...

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