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COONCE v. NATIONAL INDEMNITY COMPANY

No. 60 C 223(2).

213 F.Supp. 483 (1962)

David COONCE, d/b/a Refrigerated Truck Leasing, Plaintiff, v. NATIONAL INDEMNITY COMPANY, a corporation, Defendant; Cass Bank & Trust Company, a corporation and John E. Monge, Intervenors.

United States District Court E. D. Missouri, E. D.

December 20, 1962.

Attorney(s) appearing for the Case

Eugene W. Wines, Wines, Gallagher & Thum, Clayton, Mo., for David Coonce, d/b/a Refrigerated Truck Leasing.

James W. Jeans, Gray & Jeans, St. Louis, Mo., for National Indemnity Co.

Ray Carleno, Carleno & Nick, Ferguson, Mo., for intervenor John E. Monge.

Moser, Marsalek, Carpenter, Cleary & Jaeckel, St. Louis, Mo., Edmond J. Baker, St. Louis, Mo., for intervenor Cass Bank & Trust Company.

MEREDITH, District Judge.

The Court has jurisdiction of the claim removed from the Circuit Court of the City of St. Louis. There is diversity of citizenship and the amount in controversy exceeds $10,000. Plaintiff seeks $12,000 for the loss of a tractor-trailer under a policy of insurance issued by defendant. Plaintiff also seeks $1,200 for vexatious refusal to pay and attorney's fees in the amount of $1,000, plus interest at the rate of 6% from November 22, 1959...

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