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EPPES v. SNOWDEN

Civ. A. No. 84-218.

656 F.Supp. 1267 (1986)

Norman F. EPPES and James Neal Eric Butcher, On Behalf of Themselves and Other Underwriters, Plaintiffs, v. H.E. SNOWDEN and L.P. Doherty, Defendants.

United States District Court, E.D. Kentucky.

September 4, 1986.

Attorney(s) appearing for the Case

Lionel A. Hawse, Stephen M. O'Brien, Landrum, Shouse & Patterson, Lexington, Ky., Harvey A. Feintuch, Finley, Kumble, Wagner, Heine, Underberg, Manley, Myerson & Casey, New York City, for plaintiffs.

F. Lee Bailey, Bailey, Gerstein, Rashkind & Dresnick, Miami, Fla., Harry B. Miller, Miller, Griffin & Marks, Charles Calk, Gess, Mattingly, Saunier & Atchison, James A. Shuffett, Shuffett and Shuffett, Lexington, Ky., for defendant Snowden.

Thomas H. Burnett, Lexington, Ky., for defendant Doherty.

MEMORANDUM OPINION

WILHOIT, District Judge.

This declaratory judgment action was commenced by a group of insurance underwriters, associated with Lloyds of London, against their insureds, H.E. Snowden and L.P. Doherty. The defendants owned an undivided one-half interest in a thorough-bred stallion named PELERIN. The horse was covered by policies of mortality insurance. PELERIN met an untimely death on March 25, 1984. The plaintiffs contend (1) that the actual...

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