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FARM BUREAU MUT. INS. CO. v. BROADIE

No. 10359.

558 S.W.2d 751 (1977)

FARM BUREAU MUTUAL INSURANCE COMPANY of Missouri, Plaintiff-Appellant, and Roy Anderson, Administrator of the Estate of Bland Smallie, Deceased, Plaintiff, v. Kim BROADIE, Robert Broadie and Kathleen Broadie, and William Duane Smallie, Defendants-Respondents. Doyen WILLIAMS, Mrs. Doyen Williams, Debra Williams and Martha Williams, Defendants and Third-Party Plaintiffs, v. MFA MUTUAL INSURANCE COMPANY, Third-Party Defendant-Respondent.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or Transfer Denied September 9, 1977.

Application to Transfer Denied October 11, 1977.

Attorney(s) appearing for the Case

V. Kenneth Rohrer, Roberts & Roberts, Farmington, for plaintiff-appellant.

Norman L. Chadwick, Friedewald & Chadwick, Poplar Bluff, for third-party defendant-respondent.

No appearance for defendants-respondents.

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

Modified of Court's Own Motion.

HOGAN, Judge.

In this declaratory judgment action, plaintiff Farm Bureau Mutual Insurance Company sought an adjudication of its duties under the omnibus clause of an automobile policy issued to Bland Smallie. Plaintiff Smallie died while the action was pending, and plaintiff Roy Anderson, his personal representative, was substituted as a party plaintiff. Farm Bureau appeals from the trial court's finding and declaration that...

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