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EMPLOYERS' LIABILITY A. CORP. v. YOUGHIOGHENY & O. COAL CO.

No. 14989.

214 F.2d 418 (1954)

EMPLOYERS' LIABILITY ASSUR. CORP., Limited v. YOUGHIOGHENY & OHIO COAL CO.

United States Court of Appeals, Eighth Circuit.

July 7, 1954.

Attorney(s) appearing for the Case

Reginald Ames, St. Paul, Minn. (Cummins, Cummins, Hammond & Ames, St. Paul, Minn., on the brief), for appellant.

Mandt Torrison, St. Paul, Minn. (Bundlie, Kelley, Finley & Maun, St. Paul, Minn., on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This is an action upon a liability insurance policy to recover damages alleged to be within the coverage of the policy. The defense is that the accident causing the damages involved was not covered by the policy because it was excluded by Exclusions (a) and (d) thereof, and that there was no duty resting on the appellant to defend the action brought against the plaintiff to recover such damages.

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