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DAIRYLAND INSURANCE COMPANY v. CUNNINGHAM

Civ. A. No. C-3885.

360 F.Supp. 139 (1973)

The DAIRYLAND INSURANCE COMPANY, a Wisconsin corporation, Plaintiff, v. Marguerite A. CUNNINGHAM et al., Defendants.

United States District Court, D. Colorado.

June 18, 1973.

Attorney(s) appearing for the Case

Albert E. Zarlengo, Jr., Denver, Colo., for plaintiff.

Reginald D. Thomas, Colorado Springs, Colo., for defendant, Marguerite A. Cunningham.

Charles M. Dosh, of Dosh, DeMoulin, Anderson & Campbell, Denver, Colo., for defendant, Carlos Ulrich.

Ross M. Barton and Grant E. Miller, Colorado Springs, Colo., for defendant, Farmers Ins. Exchange.

MEMORANDUM OPINION AND ORDER

CHILSON, District Judge.

This is an action by the plaintiff insurance company for a declaratory judgment that it is without liability with respect to an accident in which its insured was involved on June 18, 1971, for the reason that the insured did not comply with the notice provisions of the policy.

Trial was to the Court without a jury.

From the admitted facts and some conflicting evidence, the Court finds...

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