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FIDELITY & CASUALTY CO. OF NEW YORK v. FEDERAL EXPRESS

No. 9398.

136 F.2d 35 (1943)

FIDELITY & CASUALTY CO. OF NEW YORK v. FEDERAL EXPRESS, Inc., et al.

Circuit Court of Appeals, Sixth Circuit.

June 3, 1943.

Attorney(s) appearing for the Case

H. Melvin Roberts, of Cleveland, Ohio (Howell, Roberts & Duncan, H. Melvin Roberts, and William D. Howell, all of Cleveland, Ohio, on the brief), for appellant.

John R. Kistner, of Cleveland, Ohio, for appellees.

Before HICKS, SIMONS, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

The Fidelity & Casualty Company of New York brought suit in the district court against appellees to secure indemnity for payment of a judgment rendered in a negligence action in which both parties were codefendants. From an order of dismissal, the Casualty Company appeals. Appellant will herein be referred to as plaintiff, and appellees as defendants, the capacities in which they appeared in the district court. The following is the factual...

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