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BANKERS INDEMNITY INS. CO. v. PINKERTON

No. 8257.

89 F.2d 194 (1937)

BANKERS INDEMNITY INS. CO. v. PINKERTON.

Circuit Court of Appeals, Ninth Circuit.

March 22, 1937.

Attorney(s) appearing for the Case

Charles B. Morris, Leo J. McEnerney, and Jered A. Maguire, all of San Francisco, Cal. (J. Bruce Fratis, of San Francisco, of counsel), for appellant.

Jesse E. Nichols and Harry M. Gross, both of Oakland, Cal., G. Levin Aynesworth, of Fresno, Cal., and Paul B. Richard, of Oakland, Cal., for appellee.

Before WILBUR and GARRECHT, Circuit Judges, and NETERER, District Judge.

NETERER, District Judge.

The appellant was sued upon an oral contract of public liability insurance claimed to have been made on May 5, 1933, between one Louis Vercesi and the appellant company. On May 7th, two days thereafter, appellee was injured in an automobile accident and recovered a judgment again Vercesi for damages to her for injury. The claim was based upon negligence on the part of Vercesi's employee in the operation of the automobile truck said to be covered...

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