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NEW YORK UNDERWRITERS INS. CO. v. UNION CONSTRUCTION CO.

No. 29-70.

432 F.2d 182 (1970)

NEW YORK UNDERWRITERS INSURANCE COMPANY, Appellant, v. UNION CONSTRUCTION COMPANY, a corporation, John Smith, individually, and John Smith, d/b/a John Smith Trucking Company, Loren Albrecht, Countryside Casualty Company, an insurance corporation, and St. Louis-San Francisco Railway Company, a corporation, Appellees.

United States Court of Appeals, Tenth Circuit.

October 6, 1970.

Attorney(s) appearing for the Case

Leonard O. Thomas, Kansas City, Kan. (Larry E. Benson, and Weeks, Thomas, Lysaught, Bingham & Johnson, Kansas City, Kan., of counsel, with him on the brief), for appellant.

Thomas E. Deacy, Jr., Kansas City, Mo. (Deacy & Deacy, and D. Lee McMaster, Kansas City, Mo., with him on the brief), for St. Louis-San Francisco Ry. Co.

McAnany, Van Cleave & Phillips, and John J. Jurcyk, Jr., Kansas City, Kan., on the brief, for Loren Albrecht, and Countryside Cas. Co.

Richmond M. Enochs, Overland Park, Kan. (Wallace & Saunders, and Frank Saunders, Jr., Overland Park, Kan., on the brief), for Union Const. Co.

Before LEWIS, Chief Judge, SETH and HICKEY, Circuit Judges.

SETH, Circuit Judge.

This is a declaratory judgment action brought by New York Underwriters Insurance Company to have determined whether it was required, under a policy of insurance it had issued, under Kansas law to defend a suit brought in the Kansas State court against some of the defendants herein. The trial court decided that plaintiff had a duty to defend, and this appeal was taken.

The State court suit arose from a railroad crossing accident wherein...

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