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LIZZA & SONS, INC. v. HARTFORD ACCIDENT & INDEM. CO.

No. 5227.

247 F.2d 262 (1957)

LIZZA AND SONS, Inc., Defendant, Appellant, v. HARTFORD ACCIDENT & INDEMNITY COMPANY et al., Appellees.

United States Court of Appeals First Circuit.

August 1, 1957.

Attorney(s) appearing for the Case

John L. Saltonstall, Jr., and Frank E. A. Sander, Boston, Mass., with whom Hill, Barlow, Goodale & Adams, Boston, Mass., was on brief, for appellant.

Hugh J. Corcoran, Springfield, Mass., with whom Richard S. Milstein, Westfield, Mass., and Ely, King, Kingsbury & Corcoran, Springfield, Mass., were on brief, for Hartford Accident & Indemnity Co., appellee.

Isadore A. Solomon, Leominster, Mass., for Daniel D'Onfro's Sons, appellee.

Before MAGRUDER, Chief Judge, and WOODBURY and HARTIGAN, Circuit Judges.

WOODBURY, Circuit Judge.

This is an appeal from a final judgment entered for the plaintiff in a suit brought under the Declaratory Judgments Act. Chapter 151 of Title 28 U. S.C. §§ 2201 and 2202.

The plaintiff below and appellee herein, Hartford Accident & Indemnity Company, a Connecticut corporation, alleging that the matter in controversy exceeds in value the sum of $3,000 exclusive of interest and costs, brought this suit in the court below...

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