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WILSON v. CONTINENTAL CASUALTY COMPANY

Civ. No. 2618.

255 F.Supp. 622 (1966)

Virgil H. WILSON, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, a corporation, Defendant.

United States District Court D. Montana, Great Falls Division.

June 23, 1966.

Attorney(s) appearing for the Case

Hoyt & Bottomly, Great Falls, Mont., for plaintiff.

Cure & Borer, Great Falls, Mont., for defendant.

OPINION AND ORDER

RUSSELL E. SMITH, District Judge.

This action to recover on an insurance policy was commenced in the District Court of Cascade County. Defendant removed it to this court. Plaintiff moved to remand. The elements of federal jurisdiction are present and the case is properly here unless defendant contracted away its right to remove.

The policy reads in part:

* * * The Company agrees * * * that upon request of the Insured or...

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