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FORSTHOVE v. HARDWARE DEALERS MUTUAL FIRE INS. CO.

No. 32453.

416 S.W.2d 208 (1967)

Carney FORSTHOVE and Joe Forsthove d/b/a Forsthove Brothers and Farm Bureau Mutual Insurance Company, Plaintiffs, Rupert N. Marks, Respondent, Defendant and Cross-Claim Defendant, v. HARDWARE DEALERS MUTUAL FIRE INSURANCE COMPANY, Appellant, Defendant and Cross-Claimant.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or for Transfer Denied May 18, 1967.

Application to Transfer Denied July 10, 1967.

Attorney(s) appearing for the Case

Ben Ely, Ely & Cary, Hannibal, for defendant-appellant.

J. Andy Zenge, Jr., Canton, for plaintiffs.

Richard J. De Coster, Canton, Thomas R. McGinnis, St. Louis, Carson, Inglish, Monaco & Coil, Jefferson City, for defendant-respondent.

Motion for Rehearing or for Transfer to Supreme Court Denied May 18, 1967.

RUDDY, Judge.

This appeal arises out of an interpleader action wherein Carney v. Forsthove and Joe Forsthove (hereinafter referred to as the tort-feasors) and Farm Bureau Mutual Insurance Company, tort-feasors' insurer, were plaintiffs and Hardware Dealers Mutual Fire Insurance Company (hereinafter referred to as Hardware Dealers) and Rupert N. Marks (hereinafter referred to as Marks...

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