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PACIFIC INDEMNITY CO. v. INSURANCE CO.

No. 5347.

25 F.2d 930 (1928)

PACIFIC INDEMNITY CO. v. INSURANCE CO. OF NORTH AMERICA.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied May 21, 1928.

Attorney(s) appearing for the Case

A. E. Cooley, Louis V. Crowley, Lasher B. Gallagher, and Cooley, Crowley & Gallagher, all of San Francisco, Cal., for plaintiff in error.

Charles A. Strong, of San Francisco, Cal., for defendant in error.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

RUDKIN, Circuit Judge.

July 12, 1926, the Pacific Indemnity Company entered into an agreement with the Insurance Company of North America, wherein and whereby the latter reinsured 50 per cent. of the liability of the former under all automobile policies written by it on and after February 5, 1926, on risks written in certain states. Article XI of the agreement provided as follows:

"In the event of any difference hereinafter arising between the contracting...

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