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STATE FARM MUTUAL AUTOMOBILE INS. CO. v. GAEKLE

Civ. No. 1417.

131 F.Supp. 745 (1955)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. Thomas B. GAEKLE et al.

United States District Court N. D. Indiana, South Bend Division.

June 16, 1955.

Attorney(s) appearing for the Case

Aaron H. Huguenard and Wm. F. McInerny, South Bend, Ind., for plaintiff.

Robert J. Salek, LaPorte, Ind., Robert S. Baker, Deputy Atty. Gen., Michigan City, Ind., Paul R. Moo, South Bend, Ind., Milton J. Sallwasser, LaPorte, Ind., for defendants.

PARKINSON, District Judge.

This is a declaratory judgment proceeding wherein the plaintiffs seeks a declaration of the rights of the parties with the binder issued to the defendant, Thomas B. Gaekle, by the plaintiff's agent on December 15, 1951, pending the issuance of an automobile policy in the form and at the rates and classifications of the plaintiff's manual, declared to be void ab initio, with the defendants interposing defenses of waiver and estoppel by reason...

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