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NATIONAL GRANGE MUTUAL LIABILITY CO. v. METROKA

No. 12308.

250 F.2d 933 (1957)

NATIONAL GRANGE MUTUAL LIABILITY COMPANY, Appellant, v. Joseph METROKA, Melvin Van Note, Carl Van Note, Andrew C. Horvath, and Harrisburg Railways Company.

United States Court of Appeals Third Circuit.

Decided January 9, 1958.

Attorney(s) appearing for the Case

Lewis S. Kunkel, Harrisburg, Pa. (F. Brewster Wickersham of Metzger, Wickersham & Knauss, Harrisburg, Pa., on the brief), for appellant.

Wilhelm E. Shissler, Harrisburg, Pa. (Nauman, Smith, Shissler & Hall, Harrisburg, Pa., on the brief), for Melvin Van Note and Carl Van Note.

James K. Thomas, Harrisburg, Pa. (Hull, Leiby & Metzger, Harrisburg, Pa., on the brief), for Harrisburg Railways Co.

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

GOODRICH, Circuit Judge.

This is a suit for declaratory judgment in which the plaintiff seeks a declaration of nonliability under an automobile accident insurance policy issued by it and further that the company owes no duty in defending claims arising out of an automobile accident. The district judge decided against the company and it appeals.

The facts necessary to the decision of the question involved can be briefly stated. Carl Van Note was the owner of...

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