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UNITED STATES FIDELITY AND GUARANTY COMPANY v. WINKLER

No. 17956.

351 F.2d 685 (1965)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. Nancy WINKLER, a minor by her Mother and Guardian Ad Litem Violet M. Winkler, Joyce Ann Simpson and Margaret Louise Patton Lohse, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 15, 1965.

Attorney(s) appearing for the Case

Roy F. Carter, of Sprinkle, Carter, Sprinkle & Larson, Kansas City, Mo., for appellant.

Lane D. Bauer, of Shook, Hardy, Ottman, Mitchell & Bacon, Kansas City, Mo., David W. Shinn, Robert M. Coleman, Vincent E. Baker and Henry H. Fox, Jr., Kansas City, Mo., for appellees.

Before VAN OOSTERHOUT and MEHAFFY, Circuit Judges, and MEREDITH, District Judge.

VAN OOSTERHOUT, Circuit Judge.

Plaintiff United States Fidelity and Guaranty Company brought this declaratory judgment action to obtain a determination that no liability exists under the family automobile policy it issued to D. H. Patton with respect to the consequences of an accident which occurred about 10:00 p. m. on October 23, 1959, when the automobile described in the policy was being operated by Margaret Patton, now...

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