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ROTH v. WESTERN ASSURANCE COMPANY

No. 17011.

308 F.2d 771 (1962)

Walter R. ROTH, Appellant, v. The WESTERN ASSURANCE COMPANY, Inc., Appellee.

United States Court of Appeals Eighth Circuit.

October 19, 1962.

Attorney(s) appearing for the Case

Martin A. Cannon, Omaha, Neb., for appellant.

Gross, Welch, Vinardi, Kauffman, Schatz & MacKenzie, Omaha, Neb., for appellee.

Before JOHNSEN, Chief Judge, and MATTHES and RIDGE, Circuit Judges.

RIDGE, Circuit Judge.

This is an appeal from a judgment declaring no coverage was afforded by the insuring clause of a "Comprehensive Personal Liability Policy" against a claim for damages made by appellant against Robert W. Jones, one of the insureds named therein. The insured Jones commenced this action seeking a declaration that appellee was obligated by the terms of such policy to defend the action seeking damages for personal injuries commenced by appellant against...

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