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FIREMEN'S INS. CO. OF NEWARK v. SMITH

No. 14045.

180 F.2d 371 (1950)

FIREMEN'S INS. CO. OF NEWARK, N. J. v. SMITH et al.

United States Court of Appeals Eighth Circuit.

Rehearing Denied March 23, 1950.

Writ of Certiorari Denied June 5, 1950.

Attorney(s) appearing for the Case

Ronald S. Reed, St. Joseph, Mo. (Clausen, Hirsh & Miller, Chicago, Ill., on the briefs), for appellant.

Lewis F. Randolph, St. Joseph, Mo. (Stanley I. Dale, St. Joseph, Mo., on the brief), for appellees.

Before SANBORN, THOMAS and JOHNSEN, Circuit Judges.

Writ of Certiorari Denied June 5, 1950. See 70 S.Ct. 1028.

THOMAS, Circuit Judge.

This is an appeal from a judgment for the defendants in a proceeding for a declaratory judgment under the Declaratory Judgment Act, 28 U.S.C.A. § 2201, c. 139, § 111, 63 Stat. 105. Jurisdiction is predicated upon diversity of citizenship and the requisite amount involved. The opinion of the court is set out in D.C., 83 F.Supp. 668

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