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AMERICAN UNIVERSAL INS. CO. v. DYKHOUSE

No. 17414.

326 F.2d 694 (1964)

AMERICAN UNIVERSAL INSURANCE COMPANY, a Corporation, Appellant, v. Emerson J. DYKHOUSE, Administrator of the Estate of Donald B. Sharp, Deceased, Frank Dieren, Gary Dieren, Alfred Vogel, Evelyn Vogel, Marilyn Vogel, and Motor Vehicle Casualty Company of Elmhurst, Illinois, Appellees.

United States Court of Appeals Eighth Circuit.

January 17, 1964.

Attorney(s) appearing for the Case

George F. Madsen, Sioux City, Iowa, made argument for appellant and filed brief with John J. Vizintos, Sioux City, Iowa, of counsel, Shull, Marshall, Mayne, Marks & Vizintos, Sioux City, Iowa.

Louis L. Corcoran, Sibley, Iowa, made argument for appellees except Motor Vehicle Casualty Company of Elmhurst, Illinois and filed brief with Earl H. Fisher, Rock Rapids, Iowa, of counsel, Fisher & DeWaay, Rock Rapids, Iowa. Clyde Putnam, Jr., Des Moines, Iowa, filed appearance form for Motor Vehicle Casualty Co. of Elmhurst, Illinois but did not file brief, or make argument.

Before VAN OOSTERHOUT, MATTHES and MEHAFFY, Circuit Judges.

MATTHES, Circuit Judge.

In this diversity action, American Universal Insurance Company (appellant) sought a declaratory judgment relieving it of any obligation, under an insurance policy issued by it to the State of South Dakota, Department of Agriculture, to defend litigation or respond for damages arising out of an accident involving a state-owned automobile described in the policy. Donald B. Sharp, an employee of the Department of Agriculture, State of South Dakota...

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