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CONSOLIDATED UNDER. v. PENNSYLVANIA T. & F. MUT. CAS. INS. CO.

No. 17238.

324 F.2d 21 (1963)

CONSOLIDATED UNDERWRITERS, Appellant, v. PENNSYLVANIA THRESHERMEN & FARMERS MUTUAL CASUALTY INSURANCE COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

October 31, 1963.

Attorney(s) appearing for the Case

John J. Alder, of Alder & Morrison, Kansas City, Mo., for appellant.

James J. Amelung, of Holtkamp, Miller, Risch & Amelung, St. Louis, Mo., for appellee; Joseph Bott, Kansas City, Mo., on the brief.

Before VAN OOSTERHOUT and BLACKMUN, Circuit Judges, and YOUNG, District Judge.

YOUNG, District Judge.

Appellant instituted this diversity action against appellee to recover the sum of $79,479.63, which was allegedly due from appellee under a policy of liability insurance issued by appellee to the Suburban Motors, Inc., Kirkwood, Missouri (hereinafter referred to as Suburban). Appellee's liability insurance policy was issued to Suburban extending coverage for any automobile owned by Suburban and used with the permission of Suburban, provided...

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