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AMERICAN SURETY COMPANY OF NEW YORK v. RODEK

No. 98, Docket 23174.

229 F.2d 175 (1956)

The AMERICAN SURETY COMPANY OF NEW YORK, Plaintiff-Appellant, v. Thomas RODEK and Mary Rodek, and Nancy Walasiewicz, p.p.a. and Nancy Walasiewicz, Mother and Next Friend of said Minor, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided January 3, 1956.

Attorney(s) appearing for the Case

Warren Maxwell, Francis McCarthy, Hartford, Conn., for appellant.

Joseph P. Cooney, Henry F. Cooney, Hartford, Conn., for appellees.

Before SWAN, FRANK and HINCKS, Circuit Judges.

PER CURIAM.

This appeal arises from a judgment dismissing appellant's declaratory judgment action wherein the appellant-insurer sought a declaration that it was not liable under its policy in respect to a claim arising under the following stipulated facts.

On June 5, 1953 there was outstanding a policy, effective July 1, 1952 to July 1, 1953, insuring the Rodek appellees against specified hazards incidental to their operation of a Connecticut restaurant. The...

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