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CAROLINA CASUALTY INSURANCE COMPANY v. HELMS

Civ. Nos. 15780, 15781.

248 F.2d 268 (1957)

CAROLINA CASUALTY INSURANCE COMPANY, Appellant, v. Arthur K. HELMS, an Incompetent Person, by Dora Helms Bohon, His Guardian, Appellee. Arthur K. HELMS, an Incompetent Person, by Dora Helms Bohon, His Guardian, Appellant, v. CAROLINA CASUALTY INSURANCE COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

October 11, 1957.

Attorney(s) appearing for the Case

Boyd Tackett, Texarkana, Ark. (Shaver, Tackett & Jones, Texarkana, Ark., with him on the brief) for Arthur K. Helms.

T. E. Webber, Texarkana, Ark. (Charles Conway, Texarkana, Ark., was with him on the brief) for Carolina Casualty Ins. Co.

Before GARDNER, Chief Judge, and JOHNSEN and VOGEL, Circuit Judges.

VOGEL, Circuit Judge.

This is a civil action brought to enforce an oral contract for the issuance of a policy of liability insurance. Diversity of citizenship and involvement of the requisite amount form the basis for federal court jurisdiction. The law of Arkansas is controlling. The parties will be referred to as in the court below. Arthur K. Helms, an incompetent person, by Dora Helms Bohon, his guardian, was plaintiff and Carolina Casualty Insurance Company was...

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