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FIDELITY & CASUALTY COMPANY OF NEW YORK v. PETERSON

Civ. A. No. P-2341.

191 F.Supp. 615 (1961)

FIDELITY & CASUALTY COMPANY OF NEW YORK, a corporation, Plaintiff, v. Merlene PETERSON, a minor, and Walter H. Franck, Individually and Walter H. Franck, as Administrator of the Estate of Verna L. Franck, deceased, Defendants.

United States District Court S. D. Illinois, N. D.

March 9, 1961.

Attorney(s) appearing for the Case

John V. Patton, Bozeman, Neighbour & Patton, Moline, Ill., for plaintiff.

Thomas F. Railsback, Moline, Ill., for defendants

MERCER, Chief Judge.

Plaintiff, Fidelity, filed its complaint for a declaratory judgment that no coverage or benefits enure to the defendants, or either of them, under plaintiff's policy of insurance, No. VFFR 62-02273, issued to Joseph Munson, with reference to an accident which occurred on August 3, 1958.

After an answer was filed on behalf of defendant, Merlene Peterson, plaintiff moved for summary judgment against her and for a default judgment against...

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