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FIDELITY & CASUALTY COMPANY OF NEW YORK v. JOHNSON

Civ. No. 1117.

134 F.Supp. 156 (1955)

FIDELITY & CASUALTY COMPANY OF NEW YORK, a corporation, Plaintiff, v. Charley R. JOHNSON et al., Defendants.

United States District Court D. Minnesota, Sixth Division.

October 25, 1955.

Attorney(s) appearing for the Case

A. R. Johanson, Wheaton, Minn., for plaintiff.

Gerald S. Rufer, Fergus Falls, Minn., for defendants.

DEVITT, District Judge.

This is an action under the Declaratory Judgments Act, Title 28 U.S.C.A. § 2201, to determine the liability of the plaintiff insurance company upon a policy of insurance issued to the defendant Charley R. Johnson on a certain Kaiser automobile.

The policy contained a standard "use of other automobiles" clause which extended the policy coverage to other automobiles used by the insured with the exception that it would not apply ...

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