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ST. PAUL FIRE & M. INS. CO. v. PEOPLES NATURAL GAS CO.

Civ. A. 17090.

166 F.Supp. 11 (1958)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, a corporation v. PEOPLES NATURAL GAS COMPANY, a corporation, and Lampl Asphalt Paving Company, Inc., a corporation.

United States District Court W. D. Pennsylvania.

September 29, 1958.

Attorney(s) appearing for the Case

Samuel Avins, Morton B. DeBroff, Pittsburgh, Pa., for plaintiff.

Milton Lamproplos, of Eckert, Seamans & Cherin, Pittsburgh, Pa., for defendant, Peoples Natural Gas Co.

Robert Wayman, Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., for defendant, Lampl Asphalt Paving Co.

MARSH, District Judge.

Plaintiff, a Minnesota insurance company, brought this action as subrogee to recover for payments which it was obligated to make to its insured, the Perl-Reichbaum Company, a Pennsylvania corporation, as a result of a fire allegedly caused by the negligence of the defendants, both Pennsylvania corporations.

We are here considering identical motions to dismiss under Rule 12, Fed.R. Civ.P., 28 U.S.C.A., filed by each of the defendants...

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