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AMERICAN INS. CO. OF NEWARK, N. J. v. NORTH SIDE METAL

Civ. A. No. P-2004.

162 F.Supp. 72 (1958)

The AMERICAN INSURANCE COMPANY OF NEWARK, NEW JERSEY, a Corporation, Plaintiff, v. NORTH SIDE METAL, Inc., a Corporation, Harry Brown and Ellis Brown, doing business as North Side Metal Company, Peter Peat, H. Keith Cady, Administrator of the Estate of Caroline N. Cady, Deceased, Ward A. Harding, Administrator of the Estate of Florence M. Harding, Deceased, and Karen Lou Mulvaney, Defendants.

United States District Court S. D. Illinois, N. D.

May 19, 1958.

Attorney(s) appearing for the Case

William Voelker, Jr., Heyl, Royster & Voelker, Peoria, Ill., for plaintiff.

Swain, Johnson, Gard & Cation, Robert H. Miller, Morgan, Pendarvis & Morgan, Jay J. Alloy, O'Hern, Alloy, O'Hern & Wombacher, Peoria, Ill., for defendants.

MERCER, District Judge.

Plaintiff filed its complaint for declaratory judgment and evidence has been heard. The evidence discloses that plaintiff is a New Jersey corporation and defendants are residents of the State of Illinois, and the amount in controversy is in excess of Three Thousand Dollars.

The defendant, North Side Metal, Inc., purchased a 1955 Ford Dump Truck on July 30, 1955 from Dana Huddleson Ford Company, Champaign, Illinois, and owned said vehicle...

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