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ALLSTATE INSURANCE COMPANY v. SMITH

Civ. A. No. 18144.

169 F.Supp. 374 (1959)

ALLSTATE INSURANCE COMPANY, an Illinois corporation, Plaintiff, v. Clevy Buster SMITH, Harvey Davenport, and Elvin Rhoden, Defendants. Harvey DAVENPORT and Elvin Rhoden, Cross-Plaintiffs, v. Clevy Buster SMITH and Allstate Insurance Company, an Illinois corporation, Cross-Defendants.

United States District Court E. D. Michigan, S. D.

January 15, 1959.

Attorney(s) appearing for the Case

Albert Miller, of Garan, Lucow & Miller, Detroit, Mich., for Allstate Ins. Co.

Thomas L. Conklin of Conklin & Maloney, Detroit, Mich., for Clevy Buster Smith.

William P. Cooney, of Ward, Plunkett & Cooney, Detroit, Mich., for Harvey Davenport and Elvin Rhoden.

THORNTON, District Judge.

This action was brought by Allstate against the three named defendants for a declaratory judgment of invalidity and nonliability with respect to a policy of insurance issued by Allstate to defendant Smith on the 24th day of May, 1957. The basis for Allstate's contention is that the policy is void because of fraudulent misrepresentations by the insured, Smith. The defendants, Davenport and Rhoden, are persons who were injured in an automobile...

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