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FARM BUR. MUT. AUTO. INS. CO. v. MARKEL

179 Pa.Super. 261 (1955)

Farm Bureau Mutual Automobile Insurance Co., Appellant, v. Markel Service, Inc.

Superior Court of Pennsylvania.

September 28, 1955.

Attorney(s) appearing for the Case

Lee E. Whitmire, Jr., with him Swaney & Whitmire, for appellant.

Charles McC. Barrickman, with him Wallover & Barrickman, for appellee.

Before HIRT, ROSS, GUNTHER, WRIGHT, and WOODSIDE, JJ. (RHODES, P.J., and ERVIN, J. absent).

OPINION BY WRIGHT, J., September 28, 1955:

An action in assumpsit was instituted by Farm Bureau Mutual Automobile Insurance Company, the plaintiff, against Markel Service, Inc., also an automobile insurance company, the defendant. The court below sustained preliminary objections on the ground that the complaint did not state a cause of action, and entered judgment in favor of the defendant. This appeal followed.

Appellant (Farm Bureau) carried the collision...

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