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EMPLOYERS' LIABILITY ASSUR. CORP. v. ACCIDENT & CAS. INS. CO.

No. 9319.

134 F.2d 566 (1943)

EMPLOYERS' LIABILITY ASSUR. CORPORATION et al. v. ACCIDENT & CASUALTY INS. CO. OF WINTERTHUR, SWITZERLAND, et al.

Circuit Court of Appeals, Sixth Circuit.

April 6, 1943.

Attorney(s) appearing for the Case

Clarence L. Becker, of Akron, Ohio (Charles F. Scanlon and Clarence L. Becker, both of Akron, Ohio, on the brief), for appellants.

Charles Belsan, of Cleveland, Ohio (Davis & Young, Charles A. Chapla, and Charles Belsan, all of Cleveland, Ohio, on the brief), for appellee.

Before SIMONS, ALLEN and HAMILTON, Circuit Judges.

SIMONS, Circuit Judge.

Out of an automobile collision in Ohio on March 26, 1940, grows the present controversy, between two insurers in respect to the coverage of their contracts. It was initiated by the appellee in a suit for a declaratory judgment absolving it from liability and responded to by the appellant, as intervenor, with prayer for a declaration of primary liability on the part of the appellee.

William W. Leopold was the owner and driver of the car...

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