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AETNA INS. v. DOHECA A & W FAMILY RESTAURANT

No. 79-1269C(4).

503 F.Supp. 199 (1980)

AETNA INSURANCE COMPANY, Plaintiff, v. DOHECA A & W FAMILY RESTAURANT, NO. 501, INC., and Douglas Bobo, and St. John's Bank & Trust Co., Defendants, and Melvin Bush and Bowersox Insurance Agency Co., Third-Party Defendants.

United States District Court, E. D. Missouri, E. D.

December 1, 1980.

Attorney(s) appearing for the Case

Joseph L. Leritz, St. Louis, Mo., for plaintiff.

Wuestling & James, George J. Bude, Donald V. Nangle, and Peter Ferrara, St. Louis, Mo., for defendants.

MEMORANDUM

HUNGATE, District Judge.

This matter is before the Court for a decision on the merits following a two-day bench trial on October 27-28, 1980. A jury trial on the remaining issues, including the question of damages is set for December 8, 1980.

Plaintiff brings this action pursuant to 28 U.S.C. § 2201 for a declaratory judgment that plaintiff has no liability on an insurance contract. Defendants filed a counterclaim seeking reformation...

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