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MICHIGAN MUTUAL LIABILITY CO. v. STALLINGS

No. 9809.

523 S.W.2d 539 (1975)

MICHIGAN MUTUAL LIABILITY COMPANY, Plaintiff-Respondent, v. Gary W. STALLINGS and Robert Ward, Defendants-Appellants.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or to Transfer Denied June 5, 1975.

Attorney(s) appearing for the Case

Fielding Potashnick, Sikeston, James E. Spain, Bloomfield, for defendants-appellants.

Kenneth L. Dement, Sikeston, for plaintiff-respondent.

Before BILLINGS, C. J., and HOGAN and FLANIGAN, JJ.

FLANIGAN, Judge.

Michigan Mutual Liability Company, plaintiff-respondent, sought a declaratory judgment to the effect that its Auto-Gard Family Insurance Policy No. 63-2-302066 does not obligate plaintiff to defend a lawsuit brought by defendant-appellant Robert Ward against defendant-appellant Gary W. Stallings or to pay any judgment entered therein.

The defendants admitted that portion of the petition alleging the following: "On or about July 1, 1972, while...

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