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

No. 12524.

136 F.2d 807 (1943)

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

Circuit Court of Appeals, Eighth Circuit.

July 6, 1943.

Attorney(s) appearing for the Case

Thomas E. Deacy, of Kansas City, Mo. (Milligan, Kimberly & Deacy, of Kansas City, Mo., and Seller, Blanchard & Van Fleet, of Joplin, Mo., on the brief), for appellant.

Emerson Foulke and Helen Redding, both of Joplin, Mo. (Henry Warten, Kelsey Norman, and Roy Coyne, all of Joplin, Mo., on the brief), for appellees.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

WOODROUGH, Circuit Judge.

The insurance company brought this action against one of its motor truck public liability policyholders and persons asserting claims under the policy, to obtain declaratory judgment that liability for certain personal injuries, which were fatal to one boy and serious to another, resulting from an accident to the insured truck on which they were riding was not within the coverage of the policy. The trial was to the court and declaratory judgment...

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