EPPERSON v. CONNECTICUT FIRE INSURANCE COMPANY

No. 7137.

314 F.2d 486 (1963)

Alma M. EPPERSON, Administratrix of the Estate of Arthur R. Epperson, Deceased, Appellant, v. CONNECTICUT FIRE INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 3, 1963.


Attorney(s) appearing for the Case

Donald R. Newkirk, Wichita, Kan. (Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Robert J. Hill and Gerrit H. Wormhoudt, Wichita, Kan., with him on the brief), for appellant.

Richard C. Hite, Wichita, Kan. (W. A. Kahrs, Robert H. Nelson, H. W. Fanning and Darrell D. Kellogg, Wichita, Kan., with him on the brief), for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.


SETH, Circuit Judge.

The appellant is the widow of a decedent killed in a collision with the car of a Mr. James Given. She has brought a suit for the wrongful death of her husband which the Connecticut Fire Insurance Company refused to defend on behalf of James Given. The insurance company, appellee here, then brought this declaratory judgment action for an adjudication that it had no insurance in force on the automobile of Given at the time it was involved in the...

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