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COMMERCIAL STANDARD INS. CO. v. FOSTER

No. 1157.

31 F.Supp. 873 (1940)

COMMERCIAL STANDARD INS. CO. OF FORT WORTH v. FOSTER et al.

District Court, D. Kansas.

February 26, 1940.

Attorney(s) appearing for the Case

Howard T. Fleeson and Wayne Coulson, both of Wichita, Kan., for plaintiff.

Cunningham, Walker & Cunningham, of Arkansas City, Kan., and John M. Wall, of Sedan, Kan., for defendants.

HOPKINS, District Judge.

This is a suit for a declaratory judgment. Plaintiff insurance company issued a policy of liability insurance to the defendant J. W. Foster covering Foster's operations as a contract carrier of property, as that term is defined in the Kansas statutes. The insurance company seeks to learn by this proceeding whether it can be held liable for injury to a member of the public resulting from alleged negligence of the insured while operating a vehicle...

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