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FISHER v. FIREMEN'S FUND INDEMNITY COMPANY

No. 5522.

244 F.2d 194 (1957)

Francis O. FISHER and Charles S. Fisher, Appellants, v. FIREMEN'S FUND INDEMNITY COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

April 23, 1957.

Attorney(s) appearing for the Case

Horace A. Santry, Salina, Kan. (Gilchrist & Buck, Wichita, Kan., and Young & Santry, Salina, Kan., were with him on the brief), for appellants.

H. E. Jones, Wichita, Kan. (A. W. Hershberger, J. B. Patterson, Richard Jones, and William P. Thompson, Wichita, Kan., were with him on the brief), for appellee.

Before BRATTON, Chief Judge, and MURRAH and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

In an action authorized by Sec. 2201 of Title 28, U.S.C., plaintiff-appellee, noted hereafter as the insurance company, sought a declaratory judgment decreeing the insurance company not obligated under a policy of automobile liability insurance for claims made by appellants against one Rumpf. The facts giving rise to the controversy have been stipulated.

During December, 1954, the insurance company had in effect a policy of automobile...

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