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ST. PAUL MERCURY INSURANCE COMPANY v. HUITT

Civ. A. No. 4173.

215 F.Supp. 709 (1963)

ST. PAUL MERCURY INSURANCE COMPANY, a Minnesota corporation, Plaintiff, v. Dewey HUITT, individually and dba Dewey Huitt & Son, Russell Ontis, Ruth V. Withers, Guardian of James A. Withers, Mentally Ill, Auto-Owners Insurance Company, a Michigan corporation, Defendants.

United States District Court W. D. Michigan, S. D.

March 30, 1963.

Attorney(s) appearing for the Case

Mitts, Smith & Haughey, Grand Rapids, Mich., David O. Haughey, Grand Rapids, Mich., of counsel, for plaintiff.

Rex W. Orton, Allegan, Mich., for defendant Dewey Huitt, ind. and Dewey Huitt & Son, and Russell Ontis.

Shivel, Phelps, Linsey & Strain, Grand Rapids, Mich., Leland D. Phelps, Grand Rapids, Mich., of counsel, for defendant Auto-Owners Ins. Co.

Ryan, Sullivan & Hamilton, Battle Creek, Mich., Ronald M. Ryan, Battle Creek, Mich., of counsel, for Mich. National Bank, Guardian of James A. Withers, Mentally Ill, successor to Ruth V. Withers.

FOX, District Judge.

Plaintiff filed a complaint for declaratory relief on October 2, 1961. On September 25, 1962, plaintiff filed a motion for summary judgment in accordance with the prayer in the complaint for declaratory relief.

The accident causing plaintiff's complaint in this case occurred in Allegan, Michigan. A cement truck, owned by Ben Waanders & Son and driven and operated by their employee, was being unloaded by a crane owned by Dewey Huitt...

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