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FIDELITY & CASUALTY CO. OF N. Y. v. WESTERN CAS. & S. CO.

Nos. 30386, 30390.

337 S.W.2d 566 (1960)

FIDELITY AND CASUALTY COMPANY OF NEW YORK, a corporation, (Plaintiff) Respondent, v. WESTERN CASUALTY AND SURETY COMPANY, a corporation, et al., Defendants, Western Casualty and Surety Company, a corporation, Gail Frances McDaniel and Patricia McDaniel, (Defendants) Appellants.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or for Transfer Denied September 6, 1960.

Attorney(s) appearing for the Case

Lusser, Morris & Burns, St. Louis, for appellant Western Casualty Co.

Ennis & Pannell, Festus, for appellants Gail Frances McDaniel and Patricia McDaniel.

Smith & Smith, Farmington, John Mohler, St. Louis, Ben G. Landau, Walter L. Brady, Jr., and J. M. Feigenbaum, St. Louis, for defendants.

Dearing, Richeson & Weier, Hillsboro, for Fidelity & Casualty Company of New York, plaintiff-respondent.

Motion for Rehearing or for Transfer to Supreme Court Denied September 6, 1960.

BRADY, Commissioner.

A collision occurred on the 12th day of March, 1958, upon Highway 61-67, approximately .3 mile south of the junction of that highway and Highway 21-A in Jefferson County, Missouri, involving a 1957 Buick automobile and a tractor-trailer truck. The Buick was owned by Clayton Lovelace, and with him in the car at the time of the collision were John McDaniel, Jr...

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