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TRAVELERS INSURANCE COMPANY v. SINDLE

Civ. A. No. 1539.

186 F.Supp. 8 (1960)

TRAVELERS INSURANCE COMPANY, a corporation, Plaintiff, v. Mrs. Thelma S. SINDLE, Mrs. Thelma S. Sindle, Administratrix of the estate of Argus A. Sindle, Deceased, Betty Jo Sindle, Shelba Jean Sindle, Stasi Motor Freight, Inc., Richard F. Pitts, and M. E. Daniels, d/b/a Rogers Oil Company, Defendants.

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

August 23, 1960.

Attorney(s) appearing for the Case

Shaw, Jones & Shaw, Fort Smith, Ark., for plaintiff.

Warner, Warner & Ragon, Fort Smith, Ark., Joyce & Wing, Fayetteville, Ark., Ralph W. Robinson, Van Buren, Ark., Hardin, Barton & Hardin, Fort Smith, Ark., for defendants.

JOHN E. MILLER, Chief Judge.

There is before the court the motion of plaintiff for summary judgment pursuant to Rule 56, Fed.R.Civ.P., 28 U.S. C.A.

Complete diversity of citizenship between the plaintiff and the defendants exists now and has at all times material herein. The amount involved exceeds $10,000, exclusive of interest and costs.

In considering the motion, it is necessary for the court to determine from the pleadings, depositions, admissions...

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