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METROPOLITAN CASUALTY INS. CO. OF N. Y. v. JOHNSTON

No. KC-621.

146 F.Supp. 5 (1956)

The METROPOLITAN CASUALTY INSURANCE COMPANY OF NEW YORK, a corporation, and Firemen's Insurance Company of Newark, New Jersey, a corporation, Plaintiffs, v. Anna Mae JOHNSTON, Herman E. Johnston, Barbara Ann Elliott, Clifford Elliott, Ruby Mae Elliott, a minor, and Mary Ann Elliott, a minor, Defendants.

United States District Court D. Kansas.

November 9, 1956.

Attorney(s) appearing for the Case

Donald N. Clausen (of Clausen, Hirsh & Miller), Chicago, Ill., and Donald C. Little (of Bates & Little), Kansas City, Kan., for plaintiffs.

Pete Farabi, Pittsburg, Kan., and Edward V. Sweeney, Monett, Mo., for defendants.

MELLOTT, Chief Judge.

The present suit, instituted by the insurance carriers as plaintiffs, seeks a declaratory judgment under Title 28 U.S.C. § 2201. Diversity of citizenship and requisite amount in controversy exist to give this court jurisdiction under Title 28 U.S.C. § 1332(a).

The basic facts are not in dispute. A policy of insurance was issued by the plaintiffs on or about February 15, 1952, under which they became liable to pay on behalf of...

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