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INS. CO. OF NORTH AMERICA COS. v. CANADIAN NAT'L R.R. CO.

Docket No. 25, Calendar No. 48,043.

360 Mich. 125 (1960)

103 N.W.2d 423

INSURANCE COMPANY OF NORTH AMERICA COMPANIES v. CANADIAN NATIONAL RAILWAY COMPANY.

Supreme Court of Michigan.

Decided June 6, 1960.

Attorney(s) appearing for the Case

Earl T. Prosser (Ballantine, Kennedy & Huhn and Carl W. Huhn, of counsel), for plaintiff.

Robert L. Livesay, for defendant.

BLACK, J.

Our attention has been called to a decision which no party has seen fit to cite or mention (Truck Transport Co. v. Canadian National Railways, 168 F.Supp. 619). Since respective counsel are the same in both cases, I am led to wonder whether this Court is not being agreeably "used" to second-guess District Judge Thornton's decision in Truck Transport and...

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