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GOOSEN v. INDEMNITY INSURANCE CO. OF NORTH AMERICA

No. 12629.

234 F.2d 463 (1956)

Sidney S. GOOSEN, Trustee in Bankruptcy of Yellowstone Clinic & Hospital, Inc., Appellant, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellee.

United States Court of Appeals Sixth Circuit.

June 19, 1956.

Attorney(s) appearing for the Case

Hiram Y. Popkin, Detroit, Mich., Frazer & Popkin, Detroit, Mich., on brief, for appellant.

Robert E. Fox, Detroit, Mich., Alexander, Cholette, Buchanan, Perkins & Conklin, Detroit, Mich., on brief, for appellee.

Before SIMONS, Chief Judge, MARTIN, Circuit Judge, and STARR, District Judge.

STARR, District Judge.

The appellant, trustee in bankruptcy of the Yellowstone Clinic and Hospital, Inc., a Michigan corporation (herein referred to as Yellowstone), appeals from an order of the district court dismissing his action to recover on an indemnity bond issued by the appellee, a Pennsylvania corporation (herein referred to as Indemnity).

On October 3, 1952, Indemnity issued its so-called blanket position...

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