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KAUFMAN v. LIBERTY MUTUAL INSURANCE COMPANY

No. 12166.

245 F.2d 918 (1957)

Ben KAUFMAN, Trading and Doing Business as The Prince Distributing Company, and Continental Casualty Company, a corporation, v. LIBERTY MUTUAL INSURANCE COMPANY, a corporation, Continental Casualty Company, a corporation, Appellant.

United States Court of Appeals Third Circuit.

Decided July 3, 1957.

Attorney(s) appearing for the Case

Robert E. Wayman, Pittsburgh, Pa. (Hamilton A. Robinson, Joseph B. Bagley, Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., on the brief), for appellant, Continental Casualty Co.

V. C. Short, Pittsburgh, Pa., for appellee.

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

GOODRICH, Circuit Judge.

In this declaratory judgment action we are asked to construe the provisions of a general liability insurance policy excluding liability incurred in the "loading or unloading" of vehicles. The case is one in federal court by diversity of citizenship and involves Pennsylvania law. The Pennsylvania decisions involved are Wheeler v. London Guarantee & Accident Co., 1928, 292 Pa. 156, 140 A. 855; Ferry v. Protective Indemnity Co., 1944, 155...

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