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ALLEGHENY COUNTY, PA. v. MARYLAND CASUALTY CO.

No. 8788.

32 F.Supp. 297 (1940)

ALLEGHENY COUNTY, PA., v. MARYLAND CASUALTY CO. et al.

District Court, W. D. Pennsylvania.

April 10, 1940.

Attorney(s) appearing for the Case

Walter P. Smart, Co. Sol., and Edward G. Bothwell, Asst. Co. Sol., both of Pittsburgh, Pa., for plaintiff.

Rose & Eichenauer and R. A. Applegate, all of Pittsburgh, Pa., for defendant Maryland Casualty Co.

Oliver K. Eaton, of Pittsburgh, Pa., and Duane R. Dills and Jack J. Levinson, both of New York City, for defendant Home Indemnity Co.

McVICAR, District Judge.

This action is before the court now on the first separate defense of The Home Indemnity Company, which avers that the "complaint fails to state a claim against defendant, The Home Indemnity Company, upon which relief can be granted."

Plaintiff, on March 26, 1931, entered into a written contract with the Poole Engineering & Machine Company, whereby said company sold to plaintiff 1,100 voting machines at the price of $1,019 each...

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