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GLENN v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

No. 7727.

341 F.2d 5 (1965)

Edmond R. GLENN and William Burman, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 2, 1965.

Attorney(s) appearing for the Case

Ernest J. Rice, Topeka, Kan. (L. M. Ascough, John A. Bausch, J. H. Eschmann, Harold E. Doherty and James E. Benfer, Topeka, Kan., with him on the brief), for appellants.

Charles S. Fisher, Jr., Topeka, Kan. (O. B. Eidson, Philip H. Lewis, James W. Porter, Peter F. Caldwell, William G. Haynes, Roscoe E. Long, R. Austin Nothern and Brock R. Snyder, Topeka, Kan., with him on the brief), for appellee.

Before LEWIS, BREITENSTEIN, and HILL, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellee-plaintiff, State Farm Mutual Automobile Insurance Company, brought a declaratory judgment action to determine its liability under an automobile policy issued by it to appellant Glenn. Previously appellant Burman had sued Glenn claiming substantial damages because of injuries sustained in an accident allegedly caused by the negligence of Glenn. Trial was to a jury which found that the insurer was not liable under the policy.

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