NATIONAL INSURANCE UNDERWRITERS, INC. v. BEQUETTE

No. A-110-66.

280 F.Supp. 842 (1968)

NATIONAL INSURANCE UNDERWRITERS, INC., Plaintiff, v. Wanda J. BEQUETTE, Administratrix of the Estate of William T. Fouche, Deceased; and Carolyn S. Roop, Administratrix with Will Annexed, as Representative of the Estate of Roger Clark Schuette; Shirlee Jean Schuette, as Widow of Roger Clark Schuette and as Next Friend of Steven Clark Schuette, William Joseph Schuette, Sandra Lee Schuette and James Randolph Schuette; Robert W. Lord, Administrator of the Estate of Byron Powelson, Deceased, and as personal representative of Margaret M. Powelson, Jane Powelson, Allan Scott Powelson and John Byron Powelson, Defendants.

United States District Court D. Alaska.

February 28, 1968.


Attorney(s) appearing for the Case

W. C. Arnold, Anchorage, Alaska, for plaintiff.

Chancy Croft, Croft & Bailey, Warren W. Matthews, Jr., Burr, Boney & Pease, William Erwin, Savage, Erwin & Curran, Anchorage, Alaska, for defendants.


MEMORANDUM OPINION

James A. von der Heydt, District Judge.

This action concerns coverage afforded by an insurance policy. Plaintiff moved for summary judgment in February of 1966. By order of March 13, 1966, but without opinion, this court denied the motion, for the reason that factual issues, however tenuous, were present. Thereafter, upon plaintiff's motion, an order of dismissal and termination, without prejudice to plaintiff's right of appeal, was entered...

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