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NATIONAL UNION FIRE INS. CO. OF PITTSBURGH, PA. v. PETRO

No. IP 60-C-64.

189 F.Supp. 651 (1960)

NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Plaintiff, v. Robert PETRO and William Petro, d/b/a Petro's Garage, Betty Petro, John L. Harbolt, Administrator of the Estate of Edith Rogers, Deceased, and Francis H. Rogers, Defendants.

United States District Court S. D. Indiana, Indianapolis Division.

December 12, 1960.

Attorney(s) appearing for the Case

Ross, McCord, Ice & Miller, Indianapolis, Ind., for plaintiff.

James D. Acher, Franklin, Ind., and Murray, Mannon, Fairchild & Stewart, Indianapolis, Ind., for defendants Petros.

Campbell & Stratford, Louisville, Ky., for defendants, Harbolt and Rogers.

STECKLER, Chief Judge.

This case is before the court upon motions to quash return of summons or to dismiss the action as to the defendant, John L. Harbolt, Administrator of the Estate of Edith Rogers, deceased, and the defendant, Francis H. Rogers. The action is for declaratory judgment with respect to the rights of the Petros and the plaintiff under an insurance contract. An issue of fact having been raised as to the domicile and citizenship of the defendant, Francis...

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