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UNITED STATES GUARANTEE CO. v. SEFF

No. 8544.

117 F.2d 985 (1941)

UNITED STATES GUARANTEE CO. v. SEFF et al. (WERY et al., Interveners).

Circuit Court of Appeals, Sixth Circuit.

March 6, 1941.

Attorney(s) appearing for the Case

Wm. A. Kelly, of Akron, Ohio (Wm. A. Kelly and Wise, Roetzel & Maxon, all of Akron, Ohio, on the brief), for appellant.

Dwight K. Parsons and Carl M. Myers, both of Akron, Ohio (Buckingham, Doolittle & Thomas, of Akron, Ohio, on the brief), for appellees.

Before SIMONS, ALLEN, and MARTIN, Circuit Judges.

MARTIN, Circuit Judge.

Appellant, an insurer under an automobile liability policy, filed in the district court, pursuant to 28 U.S.C.A. § 400, a declaratory judgment suit, seeking relief from liability to defend two damage actions instituted in the Court of Common Pleas of Summit County, Ohio, by the respective interveners, Charles A. Wery and his wife Pearl Wery, against Harry H. Seff, appellant's assured, and Robert E. Seff, and from liability to indemnify...

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