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ALLSTATE INS. CO. v. GUARANTY INS. EXCH. OF KANSAS CITY, MO.

Civ. A. No. 4012.

208 F.Supp. 542 (1962)

ALLSTATE INSURANCE COMPANY, a Corporation, Plaintiff, v. GUARANTY INSURANCE EXCHANGE OF KANSAS CITY, MISSOURI, a Corporation, Roy Dalton and Stewart F. Thacker, Defendants.

United States District Court W. D. South Carolina, Greenville Division.

September 15, 1962.

Attorney(s) appearing for the Case

W. Francis Marion, Donald L. Ferguson, Greenville, S. C., for plaintiff.

J. Wiley Brown, Greenville, S. C., Jas. P. Brown, Knoxville, Tenn., for defendant Stewart F. Thacker.

Edens & Hammer, Columbia, S. C., for defendant Guaranty Insurance Exchange of Kansas City, Missouri.

James J. Raman, Spartanburg, S. C., for defendant Roy Dalton.

WYCHE, Chief Judge.

This is an action brought under the Declaratory Judgment Act (28 U.S.C.A. §§ 2201-2202), in which the plaintiff asks this Court to "determine its liability" under its automobile liability insurance policy issued to the defendant Stewart F. Thacker covering the operation of his 1959 Edsel automobile. The policy contains an uninsured motorist endorsement.

On March 31, 1961, while the...

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