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GENERAL ACC. F. & L. ASSUR. CORP., LTD. v. SMITH & OBY CO.

Nos. 13780, 13781.

272 F.2d 581 (1959)

GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, LIMITED, Plaintiff-Appellant, v. SMITH AND OBY COMPANY, Defendant-Appellee (two cases).

United States Court of Appeals Sixth Circuit.

December 15, 1959.

Attorney(s) appearing for the Case

R. Crawford Morris, Cleveland, Ohio, Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, on brief, for appellant.

Michael R. Gallagher, Cleveland, Ohio, Thomas A. Dugan, of Hauxhurst, Sharp, Cull & Kellogg, Cleveland, Ohio, on brief, for appellee.

Before SIMONS, Senior Judge, and MARTIN and CECIL, Circuit Judges.

CECIL, Circuit Judge.

This is an appeal from the judgment of the District Court denying General Accident Fire & Life Assurance Corporation, Ltd., (hereinafter called "General Accident") as assignee of The H. K. Ferguson Company, (hereinafter called "Ferguson") the right to indemnification from Smith and Oby Company (hereinafter called "Smith and Oby").

In June of 1956, General Accident filed an action in the District Court to recover some $57,915.40 plus...

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