MARYLAND CASUALTY CO. v. DALTON COAL & MATERIAL CO.

No. 339.

81 F.Supp. 895 (1949)

MARYLAND CASUALTY CO. v. DALTON COAL & MATERIAL CO. et al.

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

January 21, 1949.


Attorney(s) appearing for the Case

Moser, Marsalek, Carpenter, Cleary & Carter, and John S. Marsalek, all of St. Louis, Mo., and Ragland, Otto, Potter & Embry, of Jefferson City, Mo., for plaintiff.

Howard B. Lang, Jr., of Columbia, Mo., for defendant M. F. A. Mut. Ins. Co.

Ralph L. Alexander, of Columbia, Mo., for defendants Sam F. Dalton and Dalton Coal and Material Co.


REEVES, Chief Judge.

The defendants have filed a motion for summary judgment on the two-fold ground "(a) That plaintiff's time to file brief in support of its complaint has expired", and, "(b) That there is no genuine issue as to any matter of fact and that defendants are entitled to judgment as a matter of law."

After filing the motion for summary judgment the plaintiff submitted its brief and joined issue on questions of law with the defendants. On October...

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