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AMERICAN INDEMNITY COMPANY v. ELESPURU

Civ. No. 2799.

302 F.Supp. 878 (1969)

AMERICAN INDEMNITY COMPANY, Plaintiff, v. Ernest ELESPURU, Sr.; Dorothy Elespuru; Ernest Don Elespuru, Jr.; Donald Smith, Guardian Ad Litem for Janet Smith; William F. Johnig, Guardian of Donald A. Larson; Ray Freemen; Steve H. Fuller; and Larry A. Lopuch, Defendants.

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

As Amended August 18, 1969.

Attorney(s) appearing for the Case

Alexander, Kuenning & Hall, and Paul D. Miller, Great Falls, Mont., for plaintiff.

Jardine, Stephenson, Blewett & Weaver, and John D. Stephenson, Jr., Great Falls, Mont., for defendants, Donald Smith and William F. Johnig.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

Plaintiff seeks a declaration of rights.

In separate findings the Court has found that an agent of the plaintiff, on March 15, 1967 made an oral binder insuring an automobile. A premium was paid and an application taken. The application contained non-fraudulent misstatements as to the driving history of one insured which were material to the acceptance...

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