BITUMINOUS CASUALTY CORPORATION v. HORN LUMBER COMPANY

Civ. A. No. 1100.

283 F.Supp. 365 (1968)

BITUMINOUS CASUALTY CORPORATION, Plaintiff, v. HORN LUMBER COMPANY, Inc., and Nell Davis, Administratrix of the Estate of Marion T. Davis, Deceased, Defendants.

United States District Court W. D. Arkansas, Hot Springs Division.

April 24, 1968.


Attorney(s) appearing for the Case

Wootton, Land & Matthews, Hot Springs, Ark., for plaintiff.

Shaw, Jones & Shaw, Fort Smith, Ark., for defendants.


OPINION

JOHN E. MILLER, Senior District Judge.

This is a suit for a declaratory judgment on a liability insurance policy. The carrier, Bituminous Casualty Corporation (hereinafter referred to as Bituminous), filed its complaint against Horn Lumber Company, the insured (hereinafter referred to as Horn), praying for a declaration of non-liability on the policy. This court has jurisdiction because of diversity of citizenship and the amount in controversy.<...

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