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ELLIOTT v. METROPOLITAN CASUALTY INS. CO. OF NEW YORK

No. 5590.

250 F.2d 680 (1957)

Barbara Ann ELLIOTT, Clifford Elliott, Ruby Mae Elliott, a Minor, and Mary Ann Elliott, a Minor, Appellants, v. The METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, a Corporation, and Firemen's Insurance Company of Newark, New Jersey, a Corporation, Appellees.

United States Court of Appeals Tenth Circuit.

December 2, 1957.

Attorney(s) appearing for the Case

Edward V. Sweeney, Monett, Mo. (Pete Farabi, Pittsburg, Kan., was with him on the brief), for appellants.

Donald N. Clausen, Chicago, Ill. (Clausen, Hirsh & Miller, Chicago, Ill., Donald C. Little, and Bates & Little, Kansas City, Kan., were with him on the brief), for appellees.

Before MURRAH, PICKETT and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

Appeal is taken from a judgment of the United States District Court for the District of Kansas,1 summarily entered holding that appellees are relieved from any obligation under an automobile liability insurance policy because of the insured's breach of the cooperation clause of the insurance contract.2 The judgment of the trial court was declaratory...

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