FEDERAL INSURANCE CO. v. MICHIGAN MUTUAL LIABILITY CO.

Nos. 12950, 12951.

277 F.2d 442 (1960)

FEDERAL INSURANCE COMPANY, a Corporation, v. MICHIGAN MUTUAL LIABILITY COMPANY, a Corporation, Appellant, and J. Robert Bazley, Inc. and Lamar P. Conrad and S & E McCormick, Inc.

United States Court of Appeals Third Circuit.

Decided March 25, 1960.


Attorney(s) appearing for the Case

Norman Paul Harvey, Philadelphia, Pa. (John J. McDevitt 3rd, Philadelphia, Pa., for Michigan Mutual Liability Co., on the brief), for appellant.

Robert E. Jones, Philadelphia (Rawle & Henderson, George M. Brodhead, J. Welles Henderson, Jr., Philadelphia, Pa., on the brief), for Federal Ins. Co.

Kimber E. Vought, Philadelphia, Pa. (Orr, Williams & Baxter, Philadelphia, Pa., on the brief), for Lamar P. Conrad.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.


McLAUGHLIN, Circuit Judge.

These are appeals1 from the district court's determination that an automobile insurance policy issued by the appellant, Michigan Mutual Liability Company (Michigan) constitutes the primary coverage in any actions for personal injuries or property damage arising out of an accident which occurred in October 1956, and that appellee's, Federal Insurance Company (Federal), policy constitutes solely excess insurance...

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