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ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. DEAN

No. FS-69-C-79.

308 F.Supp. 1378 (1970)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Plaintiff, v. David B. DEAN, Diane Dean Simmons, Mark C. Simmons, Ada Willy Hodgson, Arthur Joseph Hodgson, Southern Farm Bureau Casualty Insurance Company and Safeco Insurance Company of America, Defendants.

United States District Court, W. D. Arkansas, Fort Smith Division.

January 29, 1970.

Attorney(s) appearing for the Case

Shaw, Jones & Shaw, Ft. Smith, Ark., for plaintiff.

Estes & Storey, Fayetteville, Ark., for defendants Hodgson.

Warner, Warner, Ragon & Smith, Ft. Smith, Ark., for defendant Safeco Ins. Co.

Little & Lawrence, Bentonville, Ark., for defendant Southern Farm Bureau Casualty Ins. Co.

Jones & Butt, Fayetteville, Ark., for defendants Mark and Diane Simmons.

Dow, Cogburn & Friedman, Houston, Tex., Hardin, Barton, Jesson & Dawson, Ft. Smith, Ark., for defendant David B. Dean.

OPINION

JOHN E. MILLER, Senior District Judge (sitting by designation).

This is a declaratory judgment action filed pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201, by St. Paul Fire & Marine Insurance Company seeking a declaration that an automobile liability policy issued by St. Paul to defendant David B. Dean provides no coverage to defendant Mark C. Simmons. Plaintiff has filed a motion for summary judgment on its complaint...

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