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PREFERRED ACC. INS. CO. v. CASTELLANO

No. 261.

148 F.2d 761 (1945)

PREFERRED ACC. INS. CO. OF NEW YORK v. CASTELLANO et al.

Circuit Court of Appeals, Second Circuit.

April 24, 1945.

Attorney(s) appearing for the Case

M. J. Blumenfeld, of Hartford, Conn., for plaintiff-appellee.

Frank T. Healey and Walter E. Monagan, both of Waterbury, Conn., for defendants-appellants.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

FRANK, Circuit Judge.

1. This case discloses an actual case or controversy within the Declaratory Judgment Act, 28 U.S.C.A. § 400. See Maryland Casualty Co. v. Pacific Coal and Oil Co., 312 U.S. 270, 61 S.Ct. 510, 85 L.Ed. 826.

2. The policy is expressly made "subject to the * * * conditions * * * of this policy." One of its "conditions" reads, "When an accident occurs, written notice shall be given by or on behalf of the...

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