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KERN v. LIBERTY MUTUAL INSURANCE COMPANY

No. 19102.

398 F.2d 958 (1968)

David KERN, a Minor, by Arthur Kern, his Next Friend, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

August 15, 1968.

Attorney(s) appearing for the Case

Thomas J. Motherway, of Hullverson, Richardson & Hullverson, St. Louis, Mo., for appellant; James E. Hullverson, of the same firm was on the brief with Thomas J. Motherway, St. Louis, Mo.

Ralph C. Kleinschmidt, of Evans & Dixon, St. Louis, Mo., for appellee and filed brief.

Before VAN OOSTERHOUT, Chief Judge, HEANEY, Circuit Judge, and REGISTER, Chief District Judge.

REGISTER, Chief District Judge.

This appeal is from a final judgment entered by the district court in which it was decreed that appellee's policy of insurance No. A02-243-55295 does not apply to nor insure against any legal liability on the part of Robert Appleby with respect to the claim of the appellant, David Kern. Jurisdiction of this declaratory judgment action is based on diversity of citizenship and the requisite amount in controversy. Judge Meredith, in his...

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