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DEARBORN NAT. CASUALTY CO. v. CONSUMERS PETROLEUM CO.

No. 9891.

178 F.2d 277 (1949)

DEARBORN NAT. CASUALTY CO. v. CONSUMERS PETROLEUM CO.

United States Court of Appeals Seventh Circuit.

December 8, 1949.

Attorney(s) appearing for the Case

Andrew J. Farrell, Chicago, Ill., for appellant.

Harry G. Hershenson, Chicago, Ill., James B. McKeon, Chicago, Ill., for appellee.

Before DUFFY, FINNEGAN and LINDLEY, Circuit Judges.

PER CURIAM.

Dearborn National Casualty Company issued its policy of automobile liability and property damage insurance to the defendant, Consumers Petroleum Company.

On November 16, 1942, plaintiff filed a complaint for a declaratory judgment as to its liability under this policy. The complaint alleged that an accident involving defendant's fuel oil truck occurred on October 17, 1941 and that no written notice thereof was given to the plaintiff until January...

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