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AMERICAN MUT. LIABILITY INS. CO. v. BUCKLEY & CO.

No. 7540.

117 F.2d 845 (1941)

AMERICAN MUT. LIABILITY INS. CO. v. BUCKLEY & CO., Inc.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied February 24, 1941.

Attorney(s) appearing for the Case

Isaac A. Pennypacker, of Philadelphia, Pa. (John Sailer and Pepper, Bodine, Stokes & Schoch, all of Philadelphia, Pa., on the brief), for appellant.

Maurice Rose, of Philadelphia, Pa., for appellee.

Before BIGGS, JONES, and GOODRICH, Circuit Judges.

BIGGS, Circuit Judge.

This is a proceeding brought under the Declaratory Judgment Act, as amended, 48 Stat. 955, 28 U.S.C.A. § 400, by American Mutual Liability Insurance Company to determine its liability upon a policy of public liability insurance issued by it on August 1, 1935 to the appellee, Buckley and Company, Inc.

The Buckley Company, a contractor, was excavating for the foundation of a public school in Philadelphia. Michael Abate, thirteen years...

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