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CURTAIN v. ALDRICH

No. KCD 30160.

589 S.W.2d 61 (1979)

James CURTAIN, Plaintiff, v. Charles H. ALDRICH, Defendant, and Vanguard Insurance Company, Garnishee. VANGUARD INSURANCE COMPANY, Appellant, v. James CURTAIN et al., Respondents.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 29, 1979.

Application to Transfer Denied December 6, 1979.

Attorney(s) appearing for the Case

Danny L. Curtis, Niewald, Risjord & Waldeck, Kansas City, for garnishee.

Robert L. Shirkey, Kansas City, for respondent James Curtain.

Before DIXON, P. J., and TURNAGE and KENNEDY, JJ.

TURNAGE, Judge.

James Curtain obtained judgment in the amount of $8,500 against Charles Aldrich for personal injuries and instituted a garnishment action against Vanguard Insurance Company to recover such amount. Vanguard filed a declaratory judgment suit against both Aldrich and Curtain to obtain a declaration of its rights under its policy issued to Aldrich with reference to the coverage for the incident here involved. The trial court consolidated the actions and...

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