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McGETTRICK v. FIDELITY & CASUALTY CO. OF NEW YORK

No. 154, Docket 25237.

264 F.2d 883 (1959)

Donald McGETTRICK, Plaintiff-Appellee, v. FIDELITY & CASUALTY COMPANY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided March 12, 1959.

Attorney(s) appearing for the Case

Frederic W. Allen, of Edmunds, Austin & Wick, Burlington, Vt., for defendant-appellant.

James J. McNamara, of McNamara & Larrow, Burlington, Vt., for plaintiff-appellee.

Before CLARK, Chief Judge, MADDEN, Judge, United States Court of Claims, and HINCKS, Circuit Judge.

MADDEN, Judge.

The plaintiff brought this action in the United States District Court for the District of Vermont seeking to have the defendant declared legally obligated1 to defend the plaintiff in a suit brought by one Arthur North against the plaintiff, and further seeking damages from the defendant because of its failure to defend the plaintiff in that suit. Upon the verdict of a jury, the District Court rendered a judgment for the...

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