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AUTOMOBILE CLUB INTER-INSUR. EXCH. v. DIEBOLD

No. 35579.

511 S.W.2d 135 (1974)

AUTOMOBILE CLUB INTER-INSURANCE EXCHANGE, Plaintiff-Appellant, v. Larry M. DIEBOLD, Defendant-Respondent.

Missouri Court of Appeals, St. Louis District, Division Two.

June 11, 1974.

Attorney(s) appearing for the Case

Moser, Marsalek, Carpenter, Cleary, Jaeckel, Keaney & Brown, F. Douglas O'Leary, St. Louis, Jackson, Thomasson, Dickerson & Gilbert, Paul V. Gilbert, Cape Girardeau, for plaintiff-appellant.

Limbaugh, Limbaugh & Russell, Richard D. Kinder, Joseph J. Russell, Cape Girardeau, for defendant-respondent.

McMILLIAN, Judge.

Plaintiff, Automobile Club Inter-Insurance Exchange, sought a declaratory judgment in the Circuit Court of Cape Girardeau to ascertain, under Missouri law, the extent of its liability under a policy of insurance issued by plaintiff to defendant Diebold. In his responsive pleading, defendant Diebold asked the court to award him judgment for the amounts due under the policy. The trial court entered judgment against plaintiff in the amount of $17,000...

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