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POWELL v. HOME INDEMNITY COMPANY

No. 17592.

343 F.2d 856 (1965)

Robert C. POWELL, J. W. Bateson Company, Inc., a Corporation, and Liberty Mutual Insurance Company, a Corporation, Appellants, v. The HOME INDEMNITY COMPANY, a Corporation, Shaw and Sons Equipment Rental, Inc., a Corporation, Bernice I. Rogers and Leonard W. Rogers, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 24, 1965.

Attorney(s) appearing for the Case

Reed O. Gentry, of Rogers, Field & Gentry, Kansas City, Mo., for appellant.

Lowell L. Knipmeyer, of Knipmeyer, McCann & Millett, Kansas City, Mo., for appellees.

Lowell L. Knipmeyer and John A. Borron, Jr., of Knipmeyer, McCann & Millett, Kansas City, Mo., on the brief for Home Indemnity Co. and Shaw and Sons Equipment Rental, Inc.

John C. Risjord, Kansas City, Mo., for Bernice I. Rogers and Leonard W. Rogers.

Before MATTHES and RIDGE, Circuit Judges, and HANSON, District Judge.

HANSON, District Judge.

This is a declaratory action brought by Robert C. Powell, J. W. Bateson Company, Inc. and Liberty Mutual Insurance Company, as plaintiffs and appellants, against Home Indemnity Company, Shaw and Sons Equipment Rental, Inc., Bernice I. Rogers and Leonard W. Rogers.

On or about September 25, 1959, a truck owned by Shaw and Sons and leased by Shaw and Sons to J. W. Bateson Company was being driven by Robert C. Powell as an employee of...

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