STATE FARM MUTUAL AUTOMOBILE INS. CO. v. SELDERS

No. 38481.

202 N.W.2d 625 (1972)

189 Neb. 334

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee, v. Earl B. SELDERS, Appellant, Impleaded with Ila Selders et al., Appellees.

Supreme Court of Nebraska.

December 1, 1972.


Attorney(s) appearing for the Case

Moyer & Moyer, Madison, for appellant.

Deutsch & Hagen, Thomas H. DeLay, Norfolk, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON and CLINTON, JJ.


CLINTON, Justice.

This appeal involves the question of the right to an allowance to attorney's fees under section 44-359, R.S.Supp., 1972. The defendant (appellant here), Earl B. Selders, was successful in this court in an action for a declaratory judgment initiated by the plaintiff in having determined that his deceased children, victims of an uninsured motorist, were insureds under the policy issued to him. The children thus came within the uninsured motorist coverage...

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