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BALDWIN v. FIDELITY PHENIX FIRE INSURANCE CO. OF N. Y.

No. 13406.

260 F.2d 951 (1958)

Herman BALDWIN and Tom Goff, Appellants, v. FIDELITY PHENIX FIRE INSURANCE COMPANY OF NEW YORK, a Corporation, Appellee.

United States Court of Appeals Sixth Circuit.

November 10, 1958.

Attorney(s) appearing for the Case

Henry D. Stratton and F. Dale Burke, Pikeville, Ky., for appellants.

William J. Baird, Pikeville, Ky. (Baird & Hays, Pikeville, Ky., on the brief), for appellee.

Before ALLEN, Chief Judge, and MARTIN and MILLER, Circuit Judges.

ALLEN, Chief Judge.

This is an appeal from a judgment entered upon a verdict directed in favor of appellee in an action upon an automobile liability insurance policy.

Appellee, on October 22, 1952, had issued its automobile liability policy to John J. Cooper, a member of the United States Air Force. The policy, in addition to providing for compensation for personal injuries and property damage and contracting on the part of appellee to defend suits arising...

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