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PHOENIX INS. CO v. GUTHIEL

1 A.D.2d 99 (1955)

Phoenix Insurance Company, Appellant, v. William Guthiel et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

December 30, 1955.

Attorney(s) appearing for the Case

Stephen V. Lines and Donald F. Hathaway for appellant.

Thomas W. Sullivan for Harold Shoemaker, respondent.

Paul Reed Taylor and Charles H. Jennings for Arthur Buckle, respondent.

Samuel G. Brundage for George Greenlea, respondent.

Samuel J. Stagnitto for William Guthiel and others, respondents.

Gerald A. Gleason and Louis L. O'Brien for Merchants Mutual Casualty Company, amicus curiæ.

Present — McCURN, P. J., VAUGHAN, KIMBALL, WHEELER and VAN DUSER, JJ.

VAUGHAN, J.

This is an appeal from an order and from the judgment entered pursuant thereto. The order denied plaintiff's motion for summary judgment and directed "that judgment be entered declaring that under the terms of the plaintiff's liability insurance policy the said plaintiff is obligated to defend and indemnify the defendants, Arthur Buckle and Harold Shoemaker, from the claims" arising out of an automobile...

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