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MAGRATH v. MECHANICS & TRADERS INSURANCE COMPANY

No. 5615.

249 F.2d 98 (1957)

Hugh MAGRATH, Appellant, v. MECHANICS & TRADERS INSURANCE COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

October 5, 1957.

Attorney(s) appearing for the Case

Jacob A. Dickinson, Topeka, Kan. (Cole & Cole, Garnett, Kan., David Prager, William W. Dimmitt, Jr., and Sam A. Crow, Topeka, Kan., on the brief), for appellant.

Charles Rooney and C. K. Sayler, Topeka, Kan. (L. M. Ascough, John A. Bausch and Charles Rooney, Jr., Topeka, Kan., on the brief), for appellee.

Before BRATTON, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.

PHILLIPS, Circuit Judge.

Mechanics & Traders Insurance Company, a corporation,1 brought a declaratory judgment action under 28 U.S.C. § 2201 against its insured, Hugh Magrath, a resident of Harris, Kansas, seeking an adjudication with respect to its liability on a certain fire and lightning insurance policy issued by it to Magrath.

There is no substantial dispute as to the facts. Hugh Magrath was the owner of a certain...

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