STATE FARM MUTUAL AUTOMOBILE INS. CO. v. BONWELL

No. 15767.

248 F.2d 862 (1957)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Corporation, Appellant, v. Roy A. BONWELL, Shelton A. Mick, Samuel T. Shaffner and Willie Marie Shaffner, Appellees.

United States Court of Appeals Eighth Circuit.

November 5, 1957.


Attorney(s) appearing for the Case

Thomas E. Deacy, Kansas City, Mo., (Deacy & Deacy, Kansas City, Mo., O. W. Watkins, Jr., and Watkins & Watkins, St. Joseph, Mo., on the brief), for appellant.

Jack B. Robertson, Kansas City, Mo. (Rogers, Field, Gentry & Jackson, Kansas City, Mo., on the brief), for appellee Roy A. Bonwell.

Ronald L. Somerville, Chillicothe, Mo., (Pross T. Cross and Gerald Cross, Lathrop, Mo., on the brief), for appellees Samuel T. Shaffner and Willie Marie Shaffner.

J. B. Beavers, Cameron, Mo. (W. T. Harbison, Plattsburg, Mo., on the brief), for appellee Shelton A. Mick.

Before GARDNER, Chief Judge, and VOGEL and VAN OOSTERHOUT, Circuit Judges.


VAN OOSTERHOUT, Circuit Judge.

This is an appeal by plaintiff insurer from judgment dismissing without prejudice its petition for declaratory judgment to determine its obligations under an automobile liability insurance policy issued by it. The question for our determination is whether the trial court abused its discretion in dismissing the petition. Jurisdiction based upon diversity of citizenship and the requisite amount is established.

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