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NATIONAL FARMERS UNION PROPERTY & CASUALTY CO. v. O'DANIEL

No. 18487.

329 F.2d 60 (1964)

NATIONAL FARMERS UNION PROPERTY & CASUALTY COMPANY, a corporation, Appellant and cross-appellee, v. Howard O'DANIEL, Administrator with the Will Annexed of the Estate of John T. O'Daniel, Deceased, Appellee and cross-appellant.

United States Court of Appeals Ninth Circuit.

February 27, 1964.

Attorney(s) appearing for the Case

Wiggenhorn, Hutton, Schiltz & Sheehy, and John C. Sheehy, Billings, Mont., and White & Steele, and Lowell White, Denver, Colo., for appellant.

Colgrove & Brown, and Bruce M. Brown, Miles City, Mont., for appellee.

Before HAMLIN, BROWNING and DUNIWAY, Circuit Judges.

HAMLIN, Circuit Judge.

In a Montana state court Henry Jessen was awarded a judgment of $35,000 against John T. O'Daniel in a personal injury action for damages as a result of a collision between an automobile driven by Jessen and a truck driven by O'Daniel. O'Daniel had a public liability policy with National Farmers Union Property & Casualty Company,1 appellant herein, covering this accident, but the policy only covered him up to...

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