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ALLSTATE INSURANCE COMPANY v. ROBERSON

No. 15075.

217 F.2d 10 (1954)

ALLSTATE INSURANCE COMPANY, Appellant, v. Edgar ROBERSON, Joseph C. Potillo, Percy Greer and Sidney Jointer, Appellees.

United States Court of Appeals Eighth Circuit.

December 7, 1954.

Attorney(s) appearing for the Case

Duval L. Purkins, Warren, Ark. (Barber, Henry & Thurman, Little Rock, Ark., on the brief), for appellant.

John Harris Jones, Pine Bluff, Ark. (Lawrence Dawson and A. D. Chavis, Pine Bluff, Ark., on the brief), for appellees.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

The insurance company appellant seeks reversal of a judgment which dismissed with prejudice its action for declaratory judgment of non liability upon an automobile insurance policy issued by it to one Edgar Roberson, a defendant in the action. There was federal jurisdiction by reason of diversity of citizenship and amount involved and the case was tried to the court without a jury. It appeared on the trial that on January

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