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MASSACHUSETTS BONDING & INS. CO. v. PREFERRED AUTOMOBILE INS. CO.

No. 8205.

110 F.2d 764 (1940)

MASSACHUSETTS BONDING & INS. CO. v. PREFERRED AUTOMOBILE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

April 4, 1940.

Attorney(s) appearing for the Case

Robert P. Scholte, of Grand Rapids, Mich. (Howard Farrell, of Detroit, Mich., on the brief), for appellant.

Earl Waring Dunn, of Grand Rapids, Mich. (Harry E. Rodgers, of Grand Rapids, Mich., on the brief), for appellee.

Before HICKS, SIMONS, and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

The appellant, an insurer of an automobile truck and trailer used and operated by Franklin Brothers, paid the judgment rendered in an Ohio Court against the insured for damages suffered by the decedent of the Ohio plaintiff in a highway collision. As assignee of Franklin Brothers, and asserting rights to subrogation, it sought contribution from the appellee by reason of the fact that the latter was likewise an insurer of the vehicles through...

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