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DETROIT AUTOMOBILE INTER-INSURANCE EXCHANGE v. FEYS

No. 38691.

205 F.Supp. 42 (1962)

DETROIT AUTOMOBILE INTER-INSURANCE EXCHANGE, a reciprocal inter-insurance exchange, Plaintiff, v. Richard Louis FEYS, a minor, Donald C. Feys and Florence M. Feys, his wife, Laura Etta Buchholz, Gerald L. Davenport, State Farm Mutual Auto Insurance Company, et al., Defendants.

United States District Court N. D. California, S. D.

May 22, 1962.

Attorney(s) appearing for the Case

Charles H. Brock of Hoge, Fenton, Jones & Appel, San Jose, Cal., for plaintiff.

Richard Louis Feys and Gerald L. Davenport, pro. per.

Leighton Bledsoe, of Bledsoe, Smith, Cathcart, Johnson & Phelps, San Francisco, Cal., for defendants Laura Etta Buchholz and State Farm Mut. Auto. Ins. Co.

WOLLENBERG, District Judge.

This is an action for a declaratory judgment. Jurisdiction is based on diversity of citizenship; and as the contract of insurance was written and performed in Michigan, the law of Michigan is controlling.

Plaintiff, Detroit Automobile Inter-Insurance Exchange, seeks in this action to have it determined that it is not obligated to defend a personal injury action brought by a woman injured by the son of its insured. Plaintiff issued...

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