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IOWA NATIONAL MUT. INS. CO. v. CITY OF OSAWATOMIE, KANSAS

No. 71-1330.

458 F.2d 1124 (1972)

IOWA NATIONAL MUTUAL INSURANCE COMPANY, an Insurance Corporation, Appellant, v. CITY OF OSAWATOMIE, KANSAS, a Kansas Municipal Corporation, Appellee.

United States Court of Appeals, Tenth Circuit.

April 21, 1972.

Attorney(s) appearing for the Case

Glenn E. McCann, Kansas City, Mo., and Hylton Harman, Kansas City, Kan., for appellant.

Robert E. Fabian, Kansas City, Kan., McAnany, Van Cleave & Phillips, Kansas City, Kan., and Willis H. McQueary, Osawatomie, Kan., for appellee.

Before SETH and BARRETT, Circuit Judges, and MECHEM, District Judge.

MECHEM, District Judge.

This action is before this court by reason of diversity of citizenship. It initiated as a declaratory judgment action pursuant to 28 U.S.C. § 2201 by Iowa National Insurance Company, appellant, called the Company, against the City of Osawatomie, Kansas, appellee, called the City, to determine the Company's liability to the City under a policy of fire and extended coverage insurance issued by the Company on January 1, 1966 insuring the...

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