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INSURANCE CO. OF NORTH AMERICA v. BUTTE AERO SALES & SERV.

No. 1178.

243 F.Supp. 276 (1965)

INSURANCE COMPANY OF NORTH AMERICA, a corporation, Plaintiff, v. BUTTE AERO SALES & SERVICE and James E. Purcell, Administrator of the Estate of Jack Elderkin, deceased, Defendants, Mary Hodge, also known as Mary Waunita Hodge, and Mary Hodge as Guardian ad Litem of Robert John Hodge, a minor, Intervening Defendants.

United States District Court D. Montana, Butte Division.

July 12, 1965.

Attorney(s) appearing for the Case

Weymouth Symmes, of Anderson, Symmes, Forbes, Peete & Brown, Billings, Mont., for plaintiff.

James Purcell, of Meyer, Meyer & Purcell, Butte, Mont., for defendants.

Kendrick Smith, of Corette, Smith & Dean, Butte, Mont., for intervening defendants.

MURRAY, Chief Judge.

Alleging diversity of citizenship between itself and the defendants, plaintiff brought this action to have it declared that two policies of aircraft insurance which it had issued, one to Butte Aero Sales and Service, and one to Jack Elderkin, did not cover an airplane accident in which the insured plane was destroyed and Jack Elderkin and Robert C. Hodge lost their lives. In addition to insuring the plane itself, the policies contained passenger...

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