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FARMERS CASUALTY COMPANY (MUTUAL) v. GREEN

Nos. 9633, 9634.

390 F.2d 188 (1968)

FARMERS CASUALTY COMPANY (MUTUAL), a corporation, Appellant, v. Robert GREEN and Fred W. Surridge, Appellees. Robert GREEN, Cross-Appellant, v. FARMERS CASUALTY COMPANY (MUTUAL), a corporation, Cross-Appellee.

United States Court of Appeals Tenth Circuit.

March 4, 1968.

Attorney(s) appearing for the Case

James D. Howell, Kansas City, Kan., and Murvyl Sullinger, Pittsburgh, Kan. (James Yates, Kansas City, Kan., on the brief), for appellant.

John E. Shamberg, Kansas City, Kan. (Charles S. Schnider, Jacob F. May, Jr., and Edward G. Collister, Jr., Kansas City, Kan., on the brief), for Robert Green.

Jack L. Goodrich, Parsons, Kan., on the brief for Fred W. Surridge.

Before LEWIS, SETH and HICKEY, Circuit Judges.

DAVID T. LEWIS, Circuit Judge.

This is a declaratory judgment action, 28 U.S.C. § 2201, brought by the insurer, Farmers Casualty Company, against its insured, Green, and joining Surridge, a plaintiff in a Kansas state court action now pending in which recovery for personal injuries suffered in a farm accident is sought against the insured as defendant. Farmers sought a declaration that it had no obligation to its insured or liability under its policy because...

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