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WESTERN CAS. AND SUR. CO. v. BRANON

Civ. No. 77-4003.

463 F.Supp. 1208 (1979)

The WESTERN CASUALTY AND SURETY COMPANY, Plaintiff, v. Donald L. BRANON and Ruth Erbes, Administrator of the Estate of June Gambill, Deceased, and Douglas J. Grady, Defendants.

United States District Court, E. D. Illinois.

January 19, 1979.

Attorney(s) appearing for the Case

Howard Boman, Dunham, Boman & Leskera, East St. Louis, Ill., for plaintiff.

Harold H. Pennock, Jr., Hodson & Pennock, Ltd., Charles E. Holt, Centralia, Ill., for defendants.

FOREMAN, Chief Judge:

ORDER

The parties to the this lawsuit seek a declaratory judgment as to the legal meaning of the term "arising out of the .. use" of a vehicle. The parties have stipulated to the pertinent facts and ask the Court to determine the legal implication of the above phrase in an automobile insurance policy.

The stipulated facts are that on December 11, 1975 at around 6:30 P.M., seven persons were riding in a Ford van in the Centralia...

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