WESTERN CASUALTY & SURETY COMPANY v. BARNHART

No. 17156.

312 F.2d 149 (1963)

WESTERN CASUALTY & SURETY COMPANY, Appellant, v. Foley BARNHART, Appellee.

United States Court of Appeals Eighth Circuit.

January 15, 1963.


Attorney(s) appearing for the Case

Harold J. Fisher, Allen, Woolsey & Fisher, Springfield, Mo., for appellant.

Paul L. Bradshaw, Springfield, Mo., O. J. Taylor, of Neale, Newman, Bradshaw, Freeman & Neale, Springfield, Mo., on the brief, for appellee.

Before SANBORN, VAN OOSTERHOUT and MATTHES, Circuit Judges.


SANBORN, Circuit Judge.

This is an appeal from a judgment for the defendant in a diversity action brought on October 12, 1961, by the Western Casualty & Surety Company against Foley Barnhart to secure a declaration of nonliability under an automobile liability policy in conventional form, with a limit of $25,000, issued to him covering his Chevrolet truck. The policy was in force on November 21, 1960, when the truck, operated by Barnhart, collided with an automobile...

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