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FEDERATED MUTUAL IMP. & HDWE. INS. CO. v. M. F. A. MUT. INS. CO.

No. 13096-3.

211 F.Supp. 247 (1962)

FEDERATED MUTUAL IMPLEMENT AND HARDWARE INSURANCE COMPANY, a Corporation, Plaintiff, v. M. F. A. MUTUAL INSURANCE COMPANY, a Corporation, et al., Defendants.

United States District Court W. D. Missouri, St. Joseph Division.

August 8, 1962.

Attorney(s) appearing for the Case

Kuraner, Freeman, Kuraner, Oberlander & Lamkin, Kansas City, Mo., for plaintiff.

Strop, Watkins, Maughmer & Roberts, St. Joseph, Mo., for defendant M. F. A. Mutual Ins.

Gene Thompson, Maryville, Mo., for defendants Doyle, Janice Lee and Christie Davis.

Max Benne, Mound City, Mo., for Ernest A. and Diane Wright.

Hull & Strong, Maryville, Mo., for defendant H. H. Gard.

DUNCAN, District Judge.

Plaintiff, an Illinois corporation, instituted this declaratory judgment action under § 2201 et seq., Title 28 U.S.C.A. wherein plaintiff, and defendant M. F. A. Mutual Insurance Company, dispute liability coverage for damages claimed to have arisen out of an automobile accident. The jurisdictional prerequisites are present.

The material facts are not in dispute, and the case is before the court on stipulation and evidence introduced...

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