MARYLAND CASUALTY CO. v. NATIONAL MUT. CASUALTY CO.

No. 3645.

170 F.2d 759 (1948)

MARYLAND CASUALTY CO. v. NATIONAL MUT. CASUALTY CO. OF TULSA, OKLAHOMA et al.

United States Court of Appeals Tenth Circuit.

November 5, 1948.


Attorney(s) appearing for the Case

Wm. E. Kemp, of Kansas City, Mo. (Paul G. Koontz, of Kansas City, Mo., Willard L. Phillips, of Kansas City, Kan., and E. H. McVey, of Kansas City, Mo., on the brief), for appellant.

Barton E. Griffith, of Topeka, Kan., for appellees.

Before PHILLIPS, Chief Judge, and BRATTON and HUXMAN, Circuit Judges.


HUXMAN, Circuit Judge.

The Maryland Casualty Company, herein called Maryland, brought this action under the Federal Declaratory Judgment Act, 28 U.S.C.A. §§ 2201, 2202, against the National Mutual Casualty Company, herein called National, and Donald J. Eickman, for a declaration of liability against National. At the conclusion of Maryland's evidence, the trial court entered a judgment sustaining National's demurrer to the evidence and its motion to dismiss...

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