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AMERICAN FIRE AND INDEMNITY COMPANY v. LANCASTER

No. 19474.

415 F.2d 1145 (1969)

AMERICAN FIRE AND INDEMNITY COMPANY, Appellant, v. John G. LANCASTER, Mildred Bresley, Stephen Bresley, Allstate Insurance Company, a Corporation, Fred Orlando, Audrey Orlando, Al Burgdorf and Patricia Burgdorf, Appellees.

United States Court of Appeals Eighth Circuit.

September 15, 1969.

Attorney(s) appearing for the Case

Robert C. Ely, St. Louis, Mo., for appellant; David L. Campbell, Clayton, Mo., on the briefs.

Springfield Baldwin, St. Louis, Mo., for John G. Lancaster, made argument for appellees; Fred and Audrey Orlando, St. Louis, Mo., on the briefs.

Paul S. Brown, St. Louis, Mo., for Allstate Ins. Co.

Bart Mantia, St. Louis, Mo., for Mildred and Stephen Bresley.

Before VAN OOSTERHOUT, Chief Judge, and MEHAFFY and GIBSON, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

The American Fire and Indemnity Company (American) filed a declaratory judgment action in the United States District Court for the Eastern District of Missouri seeking to have an automobile liability insurance policy issued to John G. Lancaster declared void due to alleged material misrepresentations by the insured on the application for insurance. The District Court held the policy valid, and American appeals. Diversity jurisdiction...

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