MICHEL v. ÆTNA CASUALTY AND SURETY COMPANY

No. 5708.

252 F.2d 40 (1958)

James T. MICHEL, Appellant, v. The ÆTNA CASUALTY AND SURETY COMPANY, and The Automobile Insurance Company, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 7, 1958.


Attorney(s) appearing for the Case

Floyd L. Walker, Tulsa, Okl. (Kenneth L. Stainer, Tulsa, Okl., was with him on the brief), for appellant.

William S. Hall, Tulsa, Okl. (W. E. Green, Raymond G. Feldman, and George A. Farrar, Tulsa, Okl., were with him on the brief), for appellees.

Before MURRAH, LEWIS, and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Appellant Michel, plaintiff below and hereinafter so referred to, brought this declaratory judgment action claiming that at the time of an accident his 1955 Pontiac station wagon was insured under the automatic coverage provision of a policy issued to him by the appellees, hereinafter jointly referred to as Aetna. The case was submitted on a stipulation of facts. The trial court held that there was no coverage.

Prior to October...

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