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MID-SOUTH INSURANCE COMPANY v. DELLINGER

No. 5-3481.

388 S.W.2d 6 (1965)

MID-SOUTH INSURANCE COMPANY, Appellant, v. Carolyn S. DELLINGER et al., Appellees.

Supreme Court of Arkansas.

March 15, 1965.

Attorney(s) appearing for the Case

Smith, Sanderson, Stroud & McClerkin, Texarkana, for appellant.

Larey & Larey, and Shaver, Tackett & Jones, Texarkana, for appellees.

HOLT, Justice.

This is an action for a declaratory judgment to determine appellant's liability under the terms of its insurance policy in a pending damage suit action. The suit for damages was instituted by appellee Raymond M. Oliver against appellee Carolyn S. Dellinger to recover for personal injuries and property damage sustained in an automobile collision. In that action the answer was filed four days after the statutory limit. A few days after this late answer...

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