UNITED STATES v. ST. PAUL MERCURY INDEMNITY COMPANY

Civ. A. No. 10-54.

133 F.Supp. 726 (1955)

UNITED STATES of America, Plaintiff, v. ST. PAUL MERCURY INDEMNITY COMPANY, a corporation, Defendant.

United States District Court D. Nebraska, Lincoln Division.

June 30, 1955.


Attorney(s) appearing for the Case

Donald R. Ross, U. S. Atty., Omaha, Neb., and Harry W. Shackelford, Asst. U. S. Atty., Omaha, Neb., for plaintiff.

Guy C. Chambers, Lincoln, Neb. (Chambers, Holland & Groth, Lincoln, Neb.), for defendant.

C. C. Fraizer and T. J. Fraizer, Lincoln, Neb. (Fraizer & Fraizer, Lincoln, Neb.), as amici curiae.


DELEHANT, District Judge.

Plaintiff brought this action to recover judgment against defendant, an insurance corporation organized under the laws of Delaware with its principal office in St. Paul, Minnesota, and authorized to do business in Nebraska. It claimed as the express assignee of the insured under a so-called "family poliomyelitis expense policy" issued on August 16, 1952 in favor of Gray Kinnier, of Minden, Nebraska, who, during the term of the policy became...

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