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SEVEN PROVINCES INS. CO. v. COMMERCE & INDUS. INS. CO.

Civ. A. No. 16744-3.

306 F.Supp. 259 (1969)

The SEVEN PROVINCES INSURANCE COMPANY, Ltd., Plaintiff, v. COMMERCE & INDUSTRY INSURANCE COMPANY, Defendant.

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

October 13, 1969.

Attorney(s) appearing for the Case

George M. Winger, Kansas City, Mo., of Smith, Schwegler, Swartzman & Winger, for plaintiff.

Thomas J. Leittem, Kansas City, Mo., of Shughart, Thomson & Kilroy, for defendant.

ORDER DENYING DEFENDANT'S MOTION TO DISMISS

BECKER, Chief Judge.

In this case, an alleged reinsurance contract on the S. S. "Aktor" is claimed by plaintiff to have been accepted by defendant, not within the State of Missouri. The S. S. "Aktor" sank while sailing in the Pacific Ocean. Plaintiff is not a citizen of Missouri and does not claim that the reinsurance contract was issued in the State of Missouri nor that the loss occurred here, but plaintiff nevertheless...

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