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MICHIGAN ALKALI CO. v. BANKERS INDEMNITY INS. CO.

No. 236.

103 F.2d 345 (1939)

MICHIGAN ALKALI CO. v. BANKERS INDEMNITY INS. CO. et al.

Circuit Court of Appeals, Second Circuit.

April 10, 1939.

Attorney(s) appearing for the Case

Maxwell J. Kaplan, of New York City, for appellant.

Putney, Twombly & Hall, of New York City (Lemuel Skidmore, of New York City, of counsel), for plaintiff-appellee.

Moran, Galli & McGlinn, of New York City (John G. Donovan, William J. Moran and Louis P. Galli, all of New York City, of counsel), for impleaded defendant-appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

This is an action upon an "automobile public liability policy" issued by the defendant, Bankers Indemnity Insurance Company. Jurisdiction of the district court rests upon diverse citizenship. The defendant was allowed to implead The Travelers Insurance Company as a party alleged to be primarily liable (D.C., 19 F.Supp. 9), and the latter's motion to vacate the order and dismiss the defendant's cross-complaint...

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