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NATIONAL AMERICAN INS. CO. v. JAMISON AGENCY, INC.

No. 74-1178.

501 F.2d 1125 (1974)

NATIONAL AMERICAN INSURANCE COMPANY, a Nebraska corporation, Appellee, v. JAMISON AGENCY, INC., Gerald Bollinger, Appellee; Capital Systems Corporation, Appellant. NATIONAL AMERICAN INSURANCE COMPANY, a Nebraska corporation, Third Party Appellee, v. JAMISON AGENCY, INC., and Gerald Bollinger, Third Party Appellees. CAPITAL SYSTEMS CORPORATION, Third Party Appellant, v. A. J. R., INC., formerly Pinkerton Madden Burford, Inc., Third Party Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 30, 1974.

Attorney(s) appearing for the Case

George J. Danforth, Jr., Sioux Falls, S. D., for Capital Systems Corp.

William E. Gast, Omaha, Neb., for A. J. R.

Joseph H. Barnett, Aberdeen, S. D., for Jamison.

William J. Brennan, Jr., Omaha, Neb., for Natl. American Ins. Co.

Before LAY, HEANEY and ROSS, Circuit Judges.

ROSS, Circuit Judge.

On October 13, 1971, certain real property in Woonsocket, South Dakota, owned by Capital Systems Corporation (Capital Systems) was damaged by fire. A dispute developed as to whether or not a fire insurance policy issued by National American Insurance Company (National American) was in force at the time of the loss; and National American, basing jurisdiction on diversity of citizenship, brought a declaratory judgment action in the federal district...

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