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BITUMINOUS CAS. CORP. v. OCEANO TOWING CO.

No. 13610.

197 F.2d 210 (1952)

BITUMINOUS CAS. CORP. v. OCEANO TOWING CO.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 21, 1952.

Attorney(s) appearing for the Case

S. J. Powers, Jr., T. J. Blackwell, Miami, Fla., for appellant.

H. Reid DeJarnette, Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and BORAH, and STRUM, Circuit Judges.

STRUM, Circuit Judge.

This is a suit for declaratory judgment, brought by Oceano Towing Co. against Bituminous Casualty Corporation, to obtain a decree requiring the insurance company to defend and protect Oceano in a then pending suit against it for damages, and to declare that the insurer is liable to the Towing Company for any damages that might be assessed against the latter in said suit.

The defenses below were (1) non-coverage because the injured person...

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