(AMERICAN) LUMBERMENS MUT. CAS. CO. v. TIMMS & HOWARD

Nos. 93, 94.

108 F.2d 497 (1939)

(AMERICAN) LUMBERMENS MUT. CASUALTY CO. OF ILLINOIS v. TIMMS & HOWARD, Inc., et al. SAME v. SCHILL et al.

Circuit Court of Appeals, Second Circuit.

December 18, 1939.


Attorney(s) appearing for the Case

Oscar J. Brown, of Syracuse, N. Y., for appellant.

George H. Bond, Jr., and Bond, Schoeneck & King, all of Syracuse, N. Y., for appellees in No. 93.

Clifford H. Searl and Searl, Langan & Searl, all of Syracuse, N. Y., for appellees in No. 94.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.


CLARK, Circuit Judge.

Though these cases disclose procedural oddities, they show no attempt at procedural economy. The plaintiff seeks adjudications of non-liability on its policy of bodily injury and property damage liability issued to defendant Timms & Howard, Inc., on an automobile truck, on the ground that the particular accident which has resulted in the threat of claims against its insured occurred when the truck was being used otherwise than as provided...

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