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LIBERTY MUTUAL INSURANCE CO. v. SWEENEY

No. 11303.

216 F.2d 209 (1954)

LIBERTY MUTUAL INSURANCE CO., a Massachusetts Corp., Appellant, v. Richard D. SWEENEY and Ruth T. Connelly.

United States Court of Appeals, Third Circuit.

Decided November 3, 1954.

Attorney(s) appearing for the Case

Wallace E. Edgecombe, Pittsburgh, Pa. (John H. Sorg, Pittsburgh, on the brief), for appellant.

James P. McArdle, Pittsburgh, Pa., for appellee.

Before GOODRICH, KALODNER and HASTIE, Circuit Judges.

GOODRICH, Circuit Judge.

This is an action by an insurance company in a declaratory judgment proceeding seeking a declaration of noncoverage with regard to a particular accident. The district court held for the defendants and the insurance company has appealed to this Court.

The case turns upon a provision in the policy which was issued to the Charles E. Hires Company by the present plaintiff. The insurer has agreed:

"(1) To pay on behalf of the Charles...

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