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NEW AMSTERDAM CASUALTY CO. v. CITY OF POPLAR BLUFF

No. S 66 C 12.

261 F.Supp. 478 (1966)

NEW AMSTERDAM CASUALTY CO., Plaintiff, v. The CITY OF POPLAR BLUFF, a Municipal Corporation, and City of Third Class, Bradley Anderson Payne and Jewell Payne, Defendants.

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

October 25, 1966.

Attorney(s) appearing for the Case

Blanton, Blanton & Rice, Sikeston, Mo., for plaintiff.

Ted M. Henson, Poplar Bluff, Mo., for defendant City of Poplar Bluff.

Wangelin & Friedewald, Poplar Bluff, Mo., for defendants Bradley Anderson Payne and Jewell Payne.

MEMORANDUM OPINION

HARPER, Chief Judge.

On March 4, 1966, the plaintiff, New Amsterdam Casualty Co., brought this action under Rule 57 of the Federal Rules of Civil Procedure for a declaratory judgment that it is not liable to defend the defendant, City of Poplar Bluff, in a wrongful death action which was brought against the City by the defendants, Bradley A. Payne and Jewell Payne, and that it is not liable for any judgment which the Paynes may hereafter...

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