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BUILDERS & MFRS. MUT. CAS. CO. v. PREFERRED A. INS. CO.

No. 8491.

118 F.2d 118 (1941)

BUILDERS & MFRS. MUT. CASUALTY CO. v. PREFERRED AUTOMOBILE INS. CO.

Circuit Court of Appeals, Sixth Circuit.

March 14, 1941.

Attorney(s) appearing for the Case

William A. Finn, of Toledo, Ohio, and E. R. Diehm, of Cleveland, Ohio (Klein & Diehm and Lester J. Farber, all of Cleveland, Ohio, on the brief), for appellant.

Wilbur E. Benoy, of Columbus, Ohio (Harry E. Rodgers, of Grand Rapids, Mich., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

Appeal from an order dismissing a supplemental petition filed under Section 9510-4, General Code of Ohio. The facts in the main are not in controversy.

On October 17, 1933, Dwight W. Hummon, of Findlay, Ohio, while engaged in hauling interstate freight in his own automobile truck for the Buffalo and Ohio Transfer Company, from Buffalo, New York, to Cleveland, Ohio, collided with an automobile upon State Route No. 20 in Ashtabula County...

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