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CONTINENTAL CASUALTY CO. v. AMERICAN FIDELITY & CAS. CO.

Nos. 12779, 12780.

275 F.2d 381 (1960)

CONTINENTAL CASUALTY COMPANY, a corporation, Plaintiff-Appellee. v. AMERICAN FIDELITY & CASUALTY COMPANY, a corporation, Defendant-Appellant. CONTINENTAL CASUALTY COMPANY, a corporation, Plaintiff-Cross-Appellant, v. AMERICAN FIDELITY & CASUALTY COMPANY, a corporation, Defendant-Cross-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 28, 1960.

Attorney(s) appearing for the Case

John E. Cassidy, Jr., Peoria, Ill., John E. Cassidy, Sr., Peoria, Ill., Cassidy & Cassidy, Peoria, Ill., of counsel, for plaintiff-appellee and cross appellant.

William J. Voelker, Jr., Peoria, Ill., Lyle W. Allen, Peoria, Ill., Heyl, Royster & Voekler, Peoria, Ill., of counsel, for appellant-cross appellee.

Before HASTINGS, Chief Judge, and KNOCH and CASTLE, Circuit Judges.

HASTINGS, Chief Judge.

This is a diversity action brought by plaintiff, Continental Casualty Company (Continental), against defendant, American Fidelity and Casualty Company (American). Continental seeks reimbursement for judgments it paid in certain personal injury actions which it defended, alleging that the legal obligation to defend and to pay was that of American. After the issues were closed and certain interrogatories were answered, both parties filed motions...

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