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WALTON MOTOR CO. v. AMERICAN HARDWARE MUT. INS. CO.

Civ. No. 4157.

167 F.Supp. 441 (1958)

WALTON MOTOR COMPANY, a corporation, Plaintiff, v. AMERICAN HARDWARE MUTUAL INSURANCE COMPANY, a corporation, Defendant.

United States District Court D. Wyoming.

December 2, 1958.

Attorney(s) appearing for the Case

A. G. McClintock, Cheyenne, Wyo., for plaintiff.

Norman B. Gray of Ellery, Gray & Hickey, Cheyenne, Wyo., for defendant.

KERR, District Judge.

This action involves a single question, viz.: the meaning of the words "at actual cost to the insured" as used in an automobile dealer's open policy.

For the sake of brevity the Walton Motor Company, a corporation, will be referred to as "plaintiff" and the American Hardware Mutual Insurance Company, a corporation, will be referred to as "defendant".

The material facts are not in dispute. The plaintiff is engaged in selling new...

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