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GREER v. MID-WEST NATIONAL FIRE & CASUALTY INSURANCE CO.

No. LR-69-C-74.

305 F.Supp. 352 (1969)

Vero W. GREER, Plaintiff, v. MID-WEST NATIONAL FIRE & CASUALTY INSURANCE COMPANY, Leo Rose, and David Rose, Defendants.

United States District Court E. D. Arkansas, W. D.

October 23, 1969.

Attorney(s) appearing for the Case

H. B. Stubblefield, of Stubblefield & Matthews, Little Rock, Ark., Poynter & Huckaba, Mountain Home, Ark., for plaintiff.

Charles W. Baker, of Moses, McClellan, Arnold, Owen & McDermott, Little Rock, Ark., for defendant Mid-West.

John Burris, of Dudley & Burris, Pocahontas, Ark., for defendant Leo Rose.

James C. Johnson, Mountain Home, Ark., guardian ad litem for defendant, David Rose.

MEMORANDUM OPINION

HENLEY, Chief Judge.

This case involves the basic question of whether a judgment creditor of an insured tortfeasor can maintain a direct action against the latter's liability insurance carrier under the provisions of either Ark.Stats. § 66-4001 or § 66-4002. However, the case presents two complications that must be disposed of before the basic question is reached. Facts are not in dispute.

In March of the current year...

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