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GENERAL ACCIDENT FIRE & L. ASSUR. CORP. v. SMITH & OBY CO.

Nos. 13780, 13781.

274 F.2d 819 (1960)

GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, Ltd., Plaintiff-Appellant, v. SMITH AND OBY COMPANY, Defendant-Appellee. GENERAL ACCIDENT FIRE & LIFE ASSURANCE CORPORATION, Ltd., Defendant-Appellant, v. SMITH AND OBY COMPANY, Plaintiff-Appellee.

United States Court of Appeals Sixth Circuit.

February 20, 1960.

Attorney(s) appearing for the Case

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

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

Before SIMONS, MARTIN and CECIL, Circuit Judges.

PER CURIAM.

Counsel for the appellee have filed a petition for rehearing in these cases based on two grounds.

The first is that "The decision of the Cuyahoga County Court of Appeals in the case of General Accident and Life Assurance Corporation, Ltd. v. Ingalls, 10 Ohio Law Abst. 312, 34 Ohio Law Rep. 556 (1931), is directly in point and dispositive of the instant case in favor of the appellee." It is claimed that this case is "controlling authority".

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