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PENNSYLVANIA CASUALTY CO. v. UPCHURCH

No. 10820.

139 F.2d 892 (1943)

PENNSYLVANIA CASUALTY CO. v. UPCHURCH et al.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied December 9, 1943.

Attorney(s) appearing for the Case

Max F. Goldstein, of Atlanta, Ga., for appellant.

Jos. W. Popper and J. Douglas Carlisle, both of Macon, Ga., and James C. Howard, Jr., of Atlanta, Ga., for appellees.

Before SIBLEY, HOLMES, and WALLER, Circuit Judges.

HOLMES, Circuit Judge.

This action was filed by appellant under the Federal Declaratory Judgments Act, Sec. 274d of the Judicial Code, 28 U.S.C.A. § 400. In its complaint the appellant sought exoneration from liability for personal injuries and damage to property caused by the collision of a truck and passenger automobile. It alleged an actual controversy over the force and effect of a certain agreement for insurance, known as a binder, issued by it to J. Paul...

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