No. 74-1917.

514 F.2d 111 (1975)

The FIDELITY AND CASUALTY CO. OF NEW YORK, Plaintiff-Appellee, v. Nadine BALDWIN et al., Defendants-Appellants. Nadine BALDWIN et al., Plaintiffs-Appellants, v. The FIDELITY AND CASUALTY CO. OF NEW YORK, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

April 21, 1975.

Attorney(s) appearing for the Case

John D. Miller, Miller & Taylor, Owensboro, Ky., Kenneth N. Ragland, Ragland & Hicks, Calhoun, Ky., Charles J. Kamuf, Owensboro, Ky., for defendants-appellants.

Marvin P. Nunley, Bartlett, McCarroll & Nunley, Owensboro, Ky., for plaintiff-appellee.

Before PHILLIPS, Chief Judge, McCREE, Circuit Judge, and CECIL, Senior Circuit Judge.


On this appeal we have two actions originating in the McLean County, Kentucky Circuit Court which were consolidated and on petition of The Fidelity and Casualty of New York, one of the parties, was removed to the United States District Court for the Western District of Kentucky at Owensboro.

Nadine, Patricia, Tony, John and Chester Baldwin, to whom we will refer as the Baldwins recovered a judgment in the State Court against one Harrell H. Hayes...

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