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DeROSA v. AETNA INSURANCE COMPANY

No. 14757.

346 F.2d 245 (1965)

Francis DeROSA, Counter-Plaintiff, Appellee, v. AETNA INSURANCE COMPANY, Counter-Defendant, Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 6, 1965.

Attorney(s) appearing for the Case

Peter Fitzpatrick, Chicago, Ill., for appellant.

Vincent M. Clark, John G. Phillips, Chicago, Ill., for Francis DeRosa, counter-plaintiff appellee, Jones & Clark, Chicago, Ill., of counsel.

Before SCHNACKENBERG, KILEY and SWYGERT, Circuit Judges.

SWYGERT, Circuit Judge.

This is an appeal from a judgment in favor of counter-plaintiff Francis DeRosa against counter-defendant Aetna Insurance Company for $25,000. In a prior state court action DeRosa had recovered a judgment for this amount against Dan Serafine, the insured under a policy of casualty insurance issued by The Century Indemnity Company. In his suit against Serafine, DeRosa claimed that his back had been injured on November 20, 1957, while riding a...

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