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MERCHANTS INDEMNITY CORPORATION v. PETERSON

No. 7322.

113 F.2d 4 (1940)

MERCHANTS INDEMNITY CORPORATION OF NEW YORK v. PETERSON et al.

Circuit Court of Appeals, Third Circuit.

June 7, 1940.

Attorney(s) appearing for the Case

McCarter & English, of Newark, N. J. (Gerald M. McLaughlin and Woodruff J. English, both of Newark, N. J., of counsel), for appellant.

Baruch S. Seidman and George S. Applegate, Jr., both of South River, N. J., for appellees.

Before BIGGS, MARIS, and BUFFINGTON, Circuit Judges.

BIGGS, Circuit Judge.

On February 10, 1938, the appellant, Merchants Indemnity Corporation of New York, issued an automobile casualty policy to Richard Randolph by the terms of which the appellant agreed to pay all claims for damages sustained against Randolph arising out of the operation of Randolph's automobile upon conditions stated in the policy. The appellees, the Petersons, were Randolph's passengers when Randolph had an automobile accident on April 23, 1938...

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