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JOHNSON v. FIDELITY & CASUALTY COMPANY OF N. Y

No. 15537.

238 F.2d 322 (1956)

Charley R. JOHNSON, Selma Johnson and Alvin L. Johnson, Individually and as Trustee for the Heirs of Adeline Johnson, Deceased, Appellants, v. The FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellee.

United States Court of Appeals Eighth Circuit.

November 20, 1956.

Attorney(s) appearing for the Case

Charles Alan Wright, Austin, Tex. (Sletten C. Olson, Warren, Minn., and Johanson, Winter & Lundquist, Wheaton, Minn., with him on the brief), for appellants.

Gerald S. Rufer, Fergus Falls, Minn. (Rosengren, Rufer & Blatti, Fergus Falls, Minn., with him on the brief), for appellee.

Before WOODROUGH, VOGEL and VAN OOSTERHOUT, Circuit Judges.

WOODROUGH, Circuit Judge.

This appeal is taken to reverse the declaratory judgment rendered in favor of the insurance company against the appellants pursuant to the opinion of the district court reported at 134 F.Supp. 156. As shown by the opinion, the insurance company issued its policy covering a certain Kaiser automobile to the appellant, Charley R. Johnson. The policy also insured said appellant's wife, Selma, and contained...

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