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STATE FARM MUT. AUTO. INS. CO. v. AUTOMOBILE UNDERWRITERS, INC.

No. 15831.

371 F.2d 999 (1967)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. AUTOMOBILE UNDERWRITERS, INC., et al., Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

February 8, 1967.

Attorney(s) appearing for the Case

James C. Jay, Indianapolis, Ind., for appellant, Steers, Klee, Jay & Sullivan, Indianapolis, Ind., of counsel.

James E. Rocap, Jr., Indianapolis, Ind., for appellee, Rocap, Rocap, Reese & Robb, Indianapolis, Ind., of counsel.

Before HASTINGS, Chief Judge, and MAJOR, Senior Circuit Judge, and CASTLE, Circuit Judge.

HASTINGS, Chief Judge.

This is an appeal from a judgment of the district court in a diversity action for declaratory judgment brought by State Farm Mutual Automobile Insurance Company, an Illinois corporation, against Automobile Underwriters, Inc., an Indiana corporation.

The district court held that Underwriters had a duty to defend a negligence action instituted against the driver of a car belonging to one of Underwriters' insureds, and to pay any judgment...

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