PHOENIX INSURANCE COMPANY v. NEWELL

Civ. No. 868.

329 F.Supp. 172 (1971)

The PHOENIX INSURANCE COMPANY, a corporation, Plaintiff, v. Susan NEWELL, Administratrix of the Estate of Edward J. Byer, Deceased, et al., Defendants.

United States District Court, D. Montana, Billings Division.

June 25, 1971.


Attorney(s) appearing for the Case

Bruce R. Toole and Stephen H. Foster, Crowley, Kilbourne, Haughey, Hanson & Gallagher, Billings, Mont., for plaintiff.

Gene Huntley, Baker, Mont., for defendants Susan Newell, Admx., Edgar Boucher and John W. Trudo.

Horton B. Koessler, Hibbs, Sweeney & Colberg, Billings, Mont., for defendant Joe Steffes, Jr.


MEMORANDUM OPINION AND ORDER

BATTIN, District Judge.

Plaintiff, Phoenix Insurance Company, seeks a declaratory judgment against Erwin Heberle Ford, Susan Newell, Administratrix of the Estate of Edward J. Byer, deceased, and Edgar Boucher, John W. Trudo, and Joe Steffes, Jr.

The parties agreed upon a statement of facts for submission to the court on plaintiff's motion for summary judgment, as follows: Phoenix was the insurer of Erwin Heberle Ford...

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