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ARBUCKLE v. LUMBERMENS MUT. CASUALTY CO. OF ILLINOIS

No. 286.

129 F.2d 791 (1942)

ARBUCKLE v. (AMERICAN) LUMBERMENS MUT. CASUALTY CO. OF ILLINOIS.

Circuit Court of Appeals, Second Circuit.

July 17, 1942.

Attorney(s) appearing for the Case

O'Neill, Higgins & Latto, of New York City (John V. Higgins and Arthur J. Mundy, both of New York City, of counsel), for plaintiff-appellee.

Evans & Rees, of New York City (Walter G. Evans and William G. Walsh, both of New York City, of counsel), for defendant-appellant.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

Jurisdiction is based upon grounds of diversity in this action brought under § 167 of the New York Insurance Law, Consol. Laws, c. 28, to enforce an automobile liability policy for the benefit of a judgment creditor of the policy holder. The defendant has appealed from a judgment for the plaintiff entered on a jury's verdict after a motion to set aside the verdict had been denied.

Defendant's policy No. 6998312 was issued to one...

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