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FIDELITY & CASUALTY CO. v. FEDERAL EXPRESS

Nos. 7673, 7486.

99 F.2d 681 (1938)

FIDELITY & CASUALTY CO. OF NEW YORK v. FEDERAL EXPRESS, Inc., et al. SAME v. FORNARO CO.

Circuit Court of Appeals, Sixth Circuit.

November 10, 1938.

Attorney(s) appearing for the Case

H. M. Roberts, of Cleveland, Ohio (Howell, Roberts & Duncan, of Cleveland, Ohio, on the brief), for appellant in both cases.

J. R. Kistner, of Cleveland, Ohio, for appellees Federal Express, Inc., et al.

H. F. Van Lill, of Cleveland, Ohio (Orgill, Maschke & Wickham, of Cleveland, Ohio, on the brief), for appellee Fornaro Co.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

The appeals are not related, but since they present the same legal question, they may be disposed of in a single opinion.

The appellant is an insurer, and having paid each of two several judgments rendered against persons whom it was obligated to indemnify in tort actions for personal injuries arising through negligence, and being subrogated to their rights against others, sued the several appellees for indemnity upon the theory that...

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