LIBERTY MUTUAL INSURANCE CO. v. HERCULES POWDER CO.

No. 11559.

224 F.2d 293 (1955)

LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts Corporation v. HERCULES POWDER COMPANY, Appellant.

United States Court of Appeals Third Circuit.

Decided July 11, 1955.

Rehearing Denied August 9, 1955.


Attorney(s) appearing for the Case

Marcus A. Rowden, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Leonard G. Hagner, U. S. Atty., Wilmington, Del., Melvin Richter, Washington, D. C., Atty., Dept. of Justice, Washington, D. C., on the brief), for appellant.

William Prickett, Wilmington, Del., for appellee.

Before GOODRICH, McLAUGHLIN and KALODNER, Circuit Judges.


GOODRICH, Circuit Judge.

This is an appeal from a district court decision in a suit for declaratory judgment. Liberty Mutual has sought a declaration that it was not liable to defend or to indemnify Hercules Powder Company on a policy issued by it. The district court agreed with that contention. D.C.D.Del.1954, 126 F.Supp. 943. Hercules brings the case here for review.

The facts are simple and undisputed. Hercules entered...

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