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ÆTNA CASUALTY & SURETY CO. v. YEATTS

No. 4404.

99 F.2d 665 (1938)

ÆTNA CASUALTY & SURETY CO. v. YEATTS et al.

Circuit Court of Appeals, Fourth Circuit.

November 10, 1938.

Attorney(s) appearing for the Case

Robert G. Butcher, of Richmond, Va. (Parrish, Butcher & Parrish, of Richmond, Va., on the brief), for appellant.

G. E. Mitchell, Jr., of South Boston, Va., and R. Paul Sanford, of Danville, Va. (Wm. M. Tuck, of South Boston, Va., and A. M. Aiken, of Danville, Va., on the brief), for appellees.

Before NORTHCOTT and SOPER, Circuit Judges, and WEBB, District Judge.

SOPER, Circuit Judge.

The Surety Company, as plaintiff in the District Court, sought a declaratory decree under 28 U.S.C.A. § 400 adjudicating that a policy issued by it to Dr. W. C. Yeatts of Danville, Virginia, did not cover a claim asserted against the physician by the administrator of Elizabeth W. Burton, deceased, in a suit in the Corporation Court of Danville, and that consequently the company was under no obligation to defend and indemnify the assured...

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