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ALLSTATE INSURANCE CO. v. MERCHANTS HARDWARE CO.

No. 565-F.

179 F.Supp. 590 (1959)

ALLSTATE INSURANCE COMPANY, a Corporation, Plaintiff, v. MERCHANTS HARDWARE COMPANY, a Corporation, American Hardware Mutual Insurance Company, a corporation, Jerry R. Eaton, Evelyn Louise Eaton, Rodney L. Ingraham, Larry G. Ingraham, Jr., Larry G. Ingraham, Gladys L. Ingraham, Agnes A. Tanner, Administratrix of the Estate of Norma Jean Tanner, deceased, Raymond Glenn Tanner, William Carol Tanner, Beverly Tanner, Earl C. Collins, Administrator of the Estate of Lillie H. Collins, Jeannette Collins and Janie Lou Collins.

United States District Court N. D. West Virginia, at Fairmont.

December 22, 1959.

Attorney(s) appearing for the Case

John R. Morris, Robert B. McDougle, and McCluer, Davis, McDougle, Stealey & Morris, Parkersburg, W. Va., for plaintiff.

Thomas W. Bayley, Parkersburg, W. Va., for defendant Merchants Hardware Co.

H. O. Hiteshew and Charles V. Renner, Hiteshew, Cather, Renner & Parker, Parkersburg, W. Va., for defendant American Hardware Mut. Ins. Co.

William Bruce Hoff and Daniel A. Ruley, Jr., Parkersburg, W. Va., for all defendants surnamed Ingraham and Tanner.

HARRY E. WATKINS, Chief Judge.

This is an action for declaratory judgment under 28 U.S.C.A. § 2201, tried by the Court, and arising out of an automobile accident in which several persons, riding in a truck owned by defendant, Merchants Hardware Company, and driven by Jerry R. Eaton, were killed or injured. Plaintiff, Allstate Insurance Company, had liability coverage on Eaton, the driver, and defendant, American Hardware Mutual Insurance Company,

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