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PORTARO v. AMERICAN GUARANTEE & LIABILITY INSURANCE CO.

No. 14930.

310 F.2d 897 (1962)

Joseph PORTARO, Plaintiff-Appellant, v. AMERICAN GUARANTEE & LIABILITY INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 28, 1962.

Attorney(s) appearing for the Case

Lewis Einbund and William J. Kraus, Cleveland, Ohio, for appellant.

George J. Umstead, Cleveland, Ohio (Leslie R. Ulrich, Jamison, Ulrich, Hope, Johnson & Burt, Cleveland, Ohio, on the brief), for appellee.

Before WEICK and O'SULLIVAN, Circuit Judges, and BOYD, District Judge.

O'SULLIVAN, Circuit Judge.

Plaintiff-appellant, Joseph Portaro, sought a declaratory judgment, based on an insurance policy, to compel defendant-appellee, American Guarantee & Liability Insurance Co., to defend him, and to pay any judgment that might be recovered against him, in a tort action then pending against him in the Court of Common Pleas of Cuyahoga County, Ohio. The tort action charged Portaro with an assault and battery upon a woman patron of a beauty...

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