AETNA INSURANCE CO. v. CHICAGO, ROCK ISLAND & P. R. CO.

Nos. KC 269, 391.

127 F.Supp. 895 (1955)

AETNA INSURANCE COMPANY, a corporation et al., Plaintiffs, v. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, a corporation, Defendant. CHICAGO, ROCK ISLAND & PACIFIC RAILROAD COMPANY, a corporation, Defendant, v. AETNA INSURANCE COMPANY, a corporation et al., Defendants.

United States District Court, D. Kansas.

January 24, 1955.


Attorney(s) appearing for the Case

Donald C. Little and Frank L. Bates, Kansas City, Kan., and Donald N. Clausen, and Herbert W. Hirsh (of Clausen, Hirsh & Miller), Chicago, Ill., for Aetna Ins. Co. et al.

Clayton M. Davis and Mark L. Bennett, Topeka, Kan., T. M. Van Cleave, Sr., and T. M. Van Cleave, Jr. (of McAnany, Van Cleave & Phillips), Kansas City, Kan., and Milton V. Thompson, Chicago, Ill., for Chicago, R. I. & P. R. Co.


MELLOTT, Chief Judge.

These two cases involve the same parties, arise from the same transactions and will be considered together. In No. KC-269, filed December 2, 1952, a declaratory judgment is sought: (1) that the court declare the plaintiffs are not liable to the defendant under a contract of insurance; and (2) that the defendant be restrained from maintaining any action against the plaintiffs. The plaintiffs are forty-seven insurance companies, incorporated under...

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