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EMPLOYERS' LIABILITY ASSUR. CORP. v. L. J. MARCOTTE INS. AGENCY

No. 17108.

314 F.2d 470 (1963)

The EMPLOYERS' LIABILITY ASSURANCE CORPORATION, Limited, Appellant, v. L. J. MARCOTTE INSURANCE AGENCY, a partnership, etc., et al., Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied April 1, 1963.

Attorney(s) appearing for the Case

G. L. DeLacy, Omaha, Neb., made argument for appellant, and filed brief with Kennedy, Holland & Svoboda, Omaha, Neb.

William J. Hotz, Jr., of Hotz, Hotz & Taylor, Omaha, Neb., made argument for appellee, and filed brief with Tyler B. Gaines, Omaha, Neb.

Before SANBORN, VAN OOSTERHOUT and MATTHES, Circuit Judges.

SANBORN, Circuit Judge.

The Employers' Liability Assurance Corporation, Limited (Employers), a foreign insurance company, as a subrogee and assignee of Mutual Benefit Health & Accident Association (Mutual) and United Benefit Life Insurance Company (United), both of Omaha, Nebraska, brought this diversity action on February 8, 1957, against L. J. Marcotte Insurance Agency (Marcotte Agency), a partnership, and its members to recover the amount of a loss suffered...

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