BITUMINOUS CAS. CORP. v. AMERICAN FIDELITY, ETC.

Gen. No. 47,409.

22 Ill. App.2d 26 (1959)

159 N.E.2d 7

Bituminous Casualty Corporation, a Corporation, et al., Plaintiffs-Appellants, v. American Fidelity and Casualty Company, Inc., a Corporation, et al., Defendants-Appellees, Albert Hughes, et al., Defendants-Appellants.

Appellate Court of Illinois — First District, Third Division.

Released for publication June 22, 1959.


Attorney(s) appearing for the Case

Andrew J. Farrell, of Chicago (Thomas J. Weithers, of counsel) for Bituminous Casualty Corporation, and Midland Electric Coal Corporation, plaintiff-appellants.

Scott, Tyrrell & Collias, of Chicago (Joseph T. Tyrrell, of counsel) for defendants-appellants.

Pretzel, Stouffer and Nolan, of Chicago (Charles D. Snewind, of counsel) for defendants-appellees.


JUSTICE BURKE delivered the opinion of the court.

[1] In an amended complaint the Bituminous Casualty Corporation and the Midland Electric Coal Corporation sought a declaratory judgment against the American Fidelity and Casualty Company, Inc., Rock Island Motor Transit Co., Julius Fassl, Albert Hughes, Kenneth Scott, Donald Stocks and W.H. Duryea. While a diesel engine was being unloaded from the truck of...

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