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WESTERN CASUALTY & SURETY CO. v. SOUTHWESTERN BELL TEL. CO.

No. 18967.

396 F.2d 351 (1968)

The WESTERN CASUALTY AND SURETY COMPANY, a Corporation, Appellant, v. SOUTHWESTERN BELL, TELEPHONE COMPANY, a Corporation, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied July 19, 1968.

Attorney(s) appearing for the Case

Rene J. Lusser, of Lusser, Hughes & Lusser, St. Louis, Mo., for appellant. Rene E. Lusser was on the brief and reply brief with Rene J. Lusser, St. Louis, Mo.

John D. Rahoy, St. Louis, Mo., for appellee. John Mohler, was on the brief with John D. Rahoy, St. Louis, Mo.

Before MEHAFFY, GIBSON and HEANEY, Circuit Judges.

MEHAFFY, Circuit Judge.

Southwestern Bell Telephone Company brought a declaratory judgment action against The Western Casualty and Surety Company, seeking a determination that Western was liable under an owner's protective liability insurance policy issued to Bell. The case was tried to the United States district court upon a partial stipulation of facts, certain exhibits and testimony of witnesses, and the court found in a memorandum opinion reported at

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