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MARYLAND CASUALTY CO. v. CONTINENTAL CASUALTY CO.

Civ. A. No. 607-F.

189 F.Supp. 764 (1960)

MARYLAND CASUALTY COMPANY, a Corporation, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, a Corporation, Employers Mutual Liability Insurance Company of Wisconsin, a Corporation, Fairmont Machinery Company, a Corporation, Transportation Rentals Corporation, a Corporation, James A. Tabor, Jr., d/b/a Tabor Trailer Sales, Tony DeMoss, Paul Frazier, Michael Butler and Charles James Lloyd, Defendants.

United States District Court N. D. West Virginia, at Fairmont.

December 6, 1960.

Attorney(s) appearing for the Case

Herschel Rose, Fairmont, W. Va., for plaintiff.

C. H. Hardesty, Jr., Furbee & Hardesty, Fairmont, W. Va., for defendants Continental Cas., and Transportation Rentals Co.

Oscar J. Andre and Herbert G. Underwood, Steptoe & Johnson, Clarksburg, W. Va., for defendants Employers Mut. Liability Ins. Co. of Wisconsin, and Fairmont Machinery Co.

Joseph M. Sanders, Bluefield, W. Va., for defendant James A. Tabor, Jr., d/b/a Tabor Trailer Sales.

Frank V. Sansalone, Maruka & Sansalone, Fairmont, W. Va., for defendant Tony DeMoss.

Robert M. Amos, Fairmont, W. Va., for defendant Charles James Lloyd.

HARRY E. WATKINS, Chief Judge.

This is an action for declaratory judgment tried by the Court and arising out of an accident in which one person was injured and certain private property was damaged.

The action is brought by one insurance company, Maryland Casualty, against two other insurance companies, Continental Casualty and Employers Mutual Liability. Other interested parties were made parties defendant in this action. Maryland Casualty provided liability...

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