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FIDELITY & CASUALTY CO. v. SOUTHWESTERN BELL T. CO.

No. 12567.

140 F.2d 724 (1944)

FIDELITY & CASUALTY CO. OF NEW YORK v. SOUTHWESTERN BELL TELEPHONE CO.

Circuit Court of Appeals, Eighth Circuit.

February 23, 1944.

Attorney(s) appearing for the Case

A. S. Buzbee, of Little Rock, Ark. (Thomas S. Buzbee, Edward L. Wright, and John M. Harrison, all of Little Rock, Ark., on the brief), for appellant.

Blake Downie, of Little Rock, Ark. (John Mohler, of St. Louis, Mo., and Ike Murry and Downie & Downie, all of Little Rock, Ark., on the brief), for appellee.

Before STONE, THOMAS, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The action is one by an insured against an insurer, on an Arkansas public liability policy, to recover $626.99 expended in the defense of a personal injury action and $3,500 paid in settlement of the suit without a trial. The insurer had refused to defend the personal injury action at the time it was instituted, on the ground that it was not within the policy coverage. On a trial of the action here involved, without a jury, the court entered...

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