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UNITED STATES FIDELITY & GUARANTY COMPANY v. PORTAGE BITUMINOUS COMPANY

No. 11209.

187 F.2d 335 (1951)

UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant, v. PORTAGE BITUMINOUS COMPANY et al., Appellee.

United States Court of Appeals Sixth Circuit.

February 5, 1951.

Attorney(s) appearing for the Case

Dwight Parsons, Akron, Ohio (Buckingham, Doolittle & Burroughs, Akron, Ohio, of counsel), for appellant.

Frank P. Kaufmann, Akron, Ohio and C. M. Horn, Cleveland, Ohio (Englebeck, Cotton & Kaufmann, Akron, Ohio, Squire, Sanders & Dempsey, Cleveland, Ohio, Wise, Roetzel, Maxon, Kelly & Andress and Slabaugh, Guinther, Jeter & Pflueger, all of Akron, Ohio, McKeehan, Merrick, Arter & Stewart, Cleveland, Ohio, and Hartz & Hartz, Akron, Ohio, of counsel), for appellee.

Before SIMONS, MARTIN, and MILLER, Circuit Judges.

PER CURIAM.

In this cause, brought in the United States District Court for the Northern District of Ohio, the appellant insurance company sought a declaratory judgment against The Farm Bureau Mutual Automobile Insurance Company and the Home Indemnity Company of New York to determine their duty to defend its assured, Portage Bituminous Company, in an action brought against the assured by a railway company in the Common Pleas Court of Summit County, Ohio;

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