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KOSTER v. LUMBERMENS MUT. CASUALTY CO.

No. 86.

153 F.2d 888 (1946)

KOSTER v. (AMERICAN) LUMBERMENS MUT. CASUALTY CO. et al.

Circuit Court of Appeals, Second Circuit.

February 4, 1946.

Attorney(s) appearing for the Case

Alfred Gurkin, of New York City (Abraham L. Pomerantz and William E. Haudek, both of New York City, of counsel), for appellant.

Townley, Updike & Carter, of New York City (Stuart N. Updike, of New York City, of counsel), for appellee.

Before SWAN, CHASE and CLARK, Circuit Judges.

SWAN, Circuit Judge.

This is a derivative action brought in the federal court on the ground of diverse citizenship. The plaintiff, a resident of the Eastern District of New York, is the holder of an automobile liability policy issued by (American) Lumbermens Mutual Casualty Company, a mutual insurance company organized under the laws of Illinois and licensed to do business in New York. For brevity the company will hereafter be called Lumbermens. The other defendants...

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