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FARMERS MUTUAL AUTOMOBILE INSURANCE CO. v. NOEL

No. 1093.

211 F.Supp. 216 (1962)

FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY, a Corporation, Plaintiff, v. Billy NOEL, E. Rock Louden, Administrator of the Estate of Louis Marian Morris, Otto J. Moser, Rex Allen Young, Allen Young, and Geraldine Young, Norman Crouse, Ronald Crouse, Norman Crouse, Sr., and Edna Crouse, Carolyn Martin, Viola Martin, Mary Ann Ramsey, William Ramsey and Doris Ramsey, Peggy Kreek, John Kreek and Sadie Kreek, and Kenneth Kelly, Defendants.

United States District Court W. D. Missouri, St. Joseph Division.

August 9, 1962.

Attorney(s) appearing for the Case

Ewing & Beavers, Maryville, Mo., Popham, Thompson, Popham, Trusty & Conway, Kansas City, Mo., for plaintiff.

Pettijohn & Eiser, Oregon, Mo., for defendant Noel.

Gene Thompson, Maryville, Mo., for defendants Crouse.

Shoemaker & Reital, St. Joseph, Mo., for defendants Young.

Dale, Potter & Flynn, St. Joseph, Mo., for defendants Ramsey.

Waldo P. Goff and Merrill M. Steeb, St. Joseph, Mo., for defendant Moser.

Louis V. Stigall, St. Joseph, Mo., guardian ad Litem for minor defendants.

DUNCAN, District Judge.

Plaintiff, a resident and citizen of the State of Wisconsin, instituted this suit against the defendants, all residents of the State of Missouri, under the provisions of § 2201 Title 28 U.S.C.A. to determine its liability under a policy of liability insurance written by it, insuring the defendant Billy Noel, against loss or damage growing out of the use of certain motor vehicles.

The policy was in full force and effect at all times...

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