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NATIONWIDE MUT. INS. CO. v. FIDELITY & CASUALTY CO. OF N. Y.

No. 13395.

286 F.2d 91 (1961)

NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation, Appellant v. FIDELITY & CASUALTY COMPANY OF NEW YORK, a corporation, and United States Fidelity and Guaranty Company, a corporation.

United States Court of Appeals Third Circuit.

Decided January 18, 1961.

Attorney(s) appearing for the Case

Lee C. McCandless, Butler, Pa., for appellant.

H. A. Robinson, Pittsburgh, Pa. (Dickie, McCamey, Chilcote & Robinson, Pittsburgh, Pa., on the brief), for appellees.

Before BIGGS, Chief Judge, and GOODRICH and FORMAN, Circuit Judges.

GOODRICH, Circuit Judge.

This is a declaratory judgment case. The plaintiff, Nationwide Mutual Insurance Company (Nationwide), brought a declaratory judgment action against the defendant insurance companies1 seeking a declaration with respect to the rights of the insurance companies "as applicable to the indemnification of John W. Snyder, owner, and Melvin Plunkard, driver, of a dump truck" involved in an accident in September, 1957. The...

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