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FEDERAL INSURANCE CO. v. MICHIGAN MUTUAL LIA. CO.

Civ. A. Nos. 24547, 25615.

172 F.Supp. 858 (1959)

FEDERAL INSURANCE COMPANY v. MICHIGAN MUTUAL LIABILITY COMPANY J. Robert Bazley, Inc., Lamar P. Conrad, and S. & E. McCormick, Inc. NEWKIRK MINING COMPANY, Plaintiff, New Franklin Coal Mining Co. Inc., Intervenor v. MICHIGAN MUTUAL LIABILITY COMPANY.

United States District Court E. D. Pennsylvania.

April 27, 1959.

Attorney(s) appearing for the Case

Robert E. Jones, Philadelphia, Pa., for Federal Insurance Co. and J. Robert Bazley, Inc.

Norman Paul Harvey, and John J. McDevitt, 3rd, Philadelphia, Pa., for Mich. Mut. Liability Co.

Kimber E. Vought, Philadelphia, Pa., for Lamar P. Conrad.

Thomas E. Byrne, Jr., Philadelphia, Pa., for Newkirk Mining Company.

Leon H. Kline, Philadelphia, Pa., for New Franklin Coal Mining Co.

VAN DUSEN, District Judge.

The plaintiffs in these declaratory judgment actions and Lamar P. Conrad, as cross-claimant in Civil Action No. 24547, have filed Motions for Summary Judgment in order to secure a judicial determination that Policy No. 9237611 of defendant Michigan Mutual Liability Company (hereinafter called "Michigan"), insuring S. & E. McCormick, Inc. (hereinafter called "McCormick"), constitutes the primary coverage in...

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