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MARYLAND CASUALTY CO. v. PACIFIC COAL & OIL CO.

No. 8172.

111 F.2d 214 (1940)

MARYLAND CASUALTY CO. v. PACIFIC COAL & OIL CO. et al.

Circuit Court of Appeals, Sixth Circuit.

April 8, 1940.

Attorney(s) appearing for the Case

Parker Fulton, of Cleveland, Ohio, (Bushnell, Burgess, Fulton & Chandler, of Cleveland, Ohio, on the brief), for appellant.

E. J. Thobaben, of Cleveland, Ohio, (G. E. Romano and E. J. Thobaben, both of Cleveland, Ohio, on the brief), for appellees.

Before HICKS, ALLEN, and HAMILTON, Circuit Judges.

ALLEN, Circuit Judge.

The sole question here is whether the District Court erred in sustaining a demurrer to appellant's petition for a declaratory judgment filed under the provisions of Section 400, Title 28 U.S.C., 28 U.S.C.A. § 400.

Appellant issued a liability policy to the Pacific Coal & Oil Company under which it was obligated to defend all actions brought against the assured and, within the limitations...

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