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AETNA INSURANCE COMPANY v. EISENBERG

No. 16671.

294 F.2d 301 (1961)

AETNA INSURANCE COMPANY, Appellant, v. Saul EISENBERG, Bleidt-Banks Cleaners, Inc., Brooksher T. Banks, D/B/A Fashion Park Cleaners, James T. Wright, Robert Feazell, Jimmy Albright, Kelly Clarke and Johnny Glaze, Jr., Grace Plasse, Mrs. Judy Smith, Marilyn Funk, Mattie Porter, Mrs. R. E. Jeter, Curren G. Wood and Carol Wood, Valeria S. Darrow, Charlotte Walls McCrary, Mrs. Hazel Cecil, Venwal Marsh and Ann T. Marsh, A. C. Kolb and Amanda Kolb, O. F. Jacobs, Ivon Gallegly and Nell Gallegly, Charles M. Jeffries and Cora Nell Jeffries, Mildred Stein, Bess Johnston, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied October 7, 1961.

Attorney(s) appearing for the Case

James I. Teague, of McMillen, Teague & Coates, Little Rock, Ark., made argument and filed brief for appellant.

Abner McGehee, of Cockrill, Laser & McGehee, Little Rock, Ark., made argument for the appellees. John B. Thurman, Jr., Barber, Henry Thurman & McCaskill and Louis L. Ramsay, Jr., Coleman, Gantt & Ramsay, Pine Bluff, Ark., were with Abner McGehee, Little Rock, Ark., on the brief for appellees.

Before GARDNER, Senior Circuit Judge, and VOGEL and VAN OOSTERHOUT, Circuit Judges.

VOGEL, Circuit Judge.

The Aetna Insurance Company appeals herein from the dismissal, after hearing, of its petition for a declaratory judgment under 28 U.S.C.A. § 2201, wherein it sought to have a Furriers' Customers Basic Policy of insurance declared void due to appellee Eisenberg's alleged fraud in under-reporting values of property covered thereby. The District Court's opinion is published at 188 F.Supp. 415. The action...

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