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FARMERS UNDERWRITERS ASS'N v. WANNER

No. 1053.

30 F.Supp. 358 (1938)

FARMERS UNDERWRITERS ASS'N v. WANNER et al.

District Court, D. Idaho, E. D.

November 7, 1938.

Attorney(s) appearing for the Case

Ralph T. Stewart and Harold W. Williams, both of Salt Lake City, Utah, and A. L. Merrill and R. D. Merrill, both of Pocatello, Idaho, for plaintiff.

Ben B. Johnson, of Preston, Idaho, and Walter H. Anderson, Clyde Bowen, and Gus Carr Anderson, all of Pocatello, Idaho, for defendants.

CAVANAH, District Judge.

The defendants Willard Wanner and Laverne Wanner demur and move to dismiss which present the same grounds:

a. That the plaintiff has no interest in the cause of action sued upon, or capacity to sue as it is not the insurance carrier nor in any way liable upon the policy and that there is a nonjoinder of parties plaintiff in that the Farmers Automobile Interinsurance Exchange issued the policy...

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