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AMERICAN HOME ASSURANCE COMPANY v. SAND

No. Civ. 4442-Phx.

253 F.Supp. 942 (1965)

AMERICAN HOME ASSURANCE COMPANY, a New York corporation, Plaintiff, v. Martin SAND et al., Defendants.

United States District Court D. Arizona.

On Motion for New Trial January 6, 1966.

Amended Judgment April 11, 1966.

Attorney(s) appearing for the Case

Rex H. Moore, William R. Jones, Jr., of Jennings, Strouss, Salmon & Trask, Phoenix, Ariz., for plaintiff.

Leroy W. Hofmann, Kenneth S. Scoville, Mark Wilmer, of Snell & Wilmer, Phoenix, Ariz., for defendant.

MUECKE, District Judge.

This is a declaratory relief action brought by American Home Assurance Company which had issued a garage keeper's policy on or about December 19, 1959, to Joseph F. Chavers who owned Joe's Paint and Body Shop in Glendale, Arizona.

Chavers owned a 1960 DeSoto which was primarily his family car but was used occasionally in his business to pick up parts, run errands and as a "loaner." During 1960 Chavers decided to sell the car and employed...

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