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NATIONAL INDEMNITY COMPANY v. HARPER

No. 1833.

295 F.Supp. 749 (1969)

NATIONAL INDEMNITY COMPANY, a corporation, Plaintiff, v. Carl A. HARPER, d/b/a American Ambulance Service, Kenneth C. McCracken, Harold E. Fitzgerald, Lewis Aggus, Mary Aggus, and Don Davis, Defendants.

United States District Court W. D. Missouri, Southwestern Division.

January 22, 1969.

Attorney(s) appearing for the Case

Meredith B. Turner, of Stewart, Reid & Turner, Springfield, Mo., for plaintiff.

Theodore Beezley, Springfield, Mo., for defendant Carl A. Harper, d/b/a American Ambulance Service.

Emerson Foulke, Joplin, Mo., for defendants Lewis Aggus, Mary Aggus, and Don Davis.

MEMORANDUM OPINION, FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECLARATORY JUDGMENT

BECKER, Chief Judge.

This is an action for declaratory judgment brought by an automobile liability insurer as plaintiff under Section 2201, Title 28, authorizing federal courts to render declaratory judgments in any cases of actual controversy (except with respect to federal taxes) within its jurisdiction. Jurisdiction exists because of diversity of citizenship and the presence...

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