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PENNSYLVANIA RAILROAD COMPANY v. TRAVELERS INSURANCE COMPANY

No. 12355.

226 F.2d 520 (1955)

The PENNSYLVANIA RAILROAD COMPANY, Appellant, v. The TRAVELERS INSURANCE COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

October 19, 1955.

Attorney(s) appearing for the Case

John W. Hackett, Jr., Robert B. Gosline, Toledo, Ohio, on the brief, Shumaker, Loop & Kendrick, Toledo, Ohio, of counsel, for appellant.

Wayne E. Stichter, Erwin R. Effler, Jr., Toledo, Ohio, on the brief, Effler, Eastman, Stichter & Smith, Toledo, Ohio, of counsel, for appellee.

Before ALLEN, MARTIN and STEWART, Circuit Judges.

MARTIN, Circuit Judge.

The Pennsylvania Railroad Company has appealed from an order of the United States District Court adjudging that there is no legal obligation upon the Travelers Insurance Company, under a certain policy of insurance, to defend on behalf of the railroad company against claims asserted against the carrier by two of its employees, Cook and O'Hara. The order adjudged further that there is no duty or obligation upon the insurance company to pay, in...

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