MARYLAND CASUALTY COMPANY v. MARSHBANK

No. 11594.

226 F.2d 637 (1955)

MARYLAND CASUALTY COMPANY v. Robert S. MARSHBANK, Robert S. Marshbank, Jr., a Minor, Charles N. Hoak, Jr., a Minor, Robert H. Stover and Ruth E. Stover, His Wife, Mary Beaver, a Minor, Wayne Shoemaker, Edward Manning, George E. DeVall and Elizabeth J. DeVall, His Wife, John Conn, Robert Washington, Robert H. Stover, Administrator of the Estate of Mary Stover, Deceased.

United States Court of Appeals Third Circuit.

Decided October 28, 1955.


Attorney(s) appearing for the Case

F. Brewster Wickersham, Harrisburg, Pa. (Edward E. Knauss, III., Metzger & Wickersham, Harrisburg, Pa., on the brief), for appellant.

Robert L Myers, III, Lemoyne, Pa. (Myers, Myers & Flower, by Robert L. Myers, Jr., Lemoyne, Pa., for Stovers. William M. Hargest, Jr., Harrisburg, for Robert S. Marshbank and Robert S. Marshbank, Jr. Shelley, Reynolds & Lipsitt, by William W. Lipsitt, Harrisburg, Pa., for Charles N. Hoak, Jr. Thomas C. Zerbe, Harrisburg, Pa., for Mary Beaver, on the brief), for appellees.

Before BIGGS, Chief Judge, and MARIS and GOODRICH, Circuit Judges.


MARIS, Circuit Judge.

The Maryland Casualty Company, of Baltimore, Maryland, brought an action in the District Court for the Middle District of Pennsylvania for a declaratory judgment as to its liability under an automobile liability and physical damage policy which it had issued to Robert S. Marshbank. The controversy with respect to the extent of the liability of the Maryland Casualty Company under the policy arose out...

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