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AMERICAN FIDELITY FIRE INSURANCE COMPANY v. STEWART

No. 1441.

165 F.Supp. 34 (1958)

The AMERICAN FIDELITY FIRE INSURANCE COMPANY, Plaintiff, v. Felix STEWART, Defendant.

United States District Court W. D. Arkansas, Ft. Smith Division.

July 28, 1958.

Attorney(s) appearing for the Case

C. R. Starbird, Van Buren, Ark., for plaintiff.

Dobbs, Pryor & Dobbs, Ft. Smith, Ark., for defendant.

JOHN E. MILLER, District Judge.

The defendant, Felix Stewart, has filed a "motion to dismiss" the complaint of The American Fidelity Fire Insurance Company, in which motion he alleges:

"That The American Fidelity Fire Insurance Company is the subrogee of James Johnson and makes its claim against Felix Stewart, wholly and completely, by and through its subrogor, James Johnson. That the said James Johnson has previously recovered a judgment against the defendant...

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