INDEMNITY INSURANCE CO. v. OLD DOMINION HOIST. SERV.

Nos. 13897, 13898.

251 F.2d 382 (1958)

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. OLD DOMINION HOISTING SERVICE, Appellee. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. KEMP-SMITH COMPANY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 9, 1958.


Attorney(s) appearing for the Case

Mr. Justin L. Edgerton, Washington, D. C., with whom Messrs. Charles E. Pledger, Jr., Randolph C. Richardson and John F. Mahoney, Jr., Washington, D. C., were on the brief, for appellant.

Miss Agnes A. Neill, Washington, D. C., with whom Mr. Edward Bennett Williams, Washington, D. C., was on the brief, for appellee in No. 13,897.

Mr. John P. Arness, Washington, D. C., with whom Mr. George D. Horning, Jr., Washington, D. C., was on the brief, for appellee in No. 13,898.

Before FAHY, WASHINGTON and BURGER, Circuit Judges.


PER CURIAM.

This is an appeal from a judgment declaring that appellant is obligated, under the "loading and unloading" clause of its automobile liability policy, to defend a negligence action brought against appellees. The case was argued to the District Court on stipulated facts. The stipulation is as follows:

"Prior to August 24, 1954, defendant [appellant] issued a policy of automobile liability insurance in favor...

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