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PENNSYLVANIA THRESHERMEN & FARM. MUT. CAS. CO. v. DRAKE

C. A. No. 3094.

207 F.Supp. 91 (1962)

PENNSYLVANIA THRESHERMEN & FARMERS' MUTUAL CASUALTY COMPANY, Plaintiff, v. Tommie DRAKE, d/b/a Drake's Gin, Frank Drake, David George Forrester, Carolina Tank Corporation, a corporation and Hartford Accident and Indemnity Company, a corporation, Defendants.

United States District Court W. D. South Carolina, Anderson Division.

June 1, 1962.

Attorney(s) appearing for the Case

Fletcher C. Mann, Robert N. Daniel, Jr., Leatherwood, Walker, Todd & Mann, Greenville, S. C., for plaintiff.

Wilburn C. Gable, Jr. (of Grisso & Gable), Anderson, S. C., for defendants, Tommie Drake and Frank Drake.

Robert S. Galloway, Jr., and Andrew B. Marion (of Haynsworth, Perry, Bryant, Marion & Johnstone), Greenville, S. C., for defendants Carolina Tank Corp., and Hartford Accident & Indemnity Co.

MARTIN, District Judge.

This is an action for declaratory judgment tried by the Court. Jurisdiction is based on diversity of citizenship. The action concerns a conflict of coverage between two insurance companies as to who is obligated to defend the defendants, Tommie Drake and Frank Drake, and pay any judgment recovered against them on account of an accident which occurred on September 4, 1960, when a tractor and trailer rig, being operated by Frank Drake, collided...

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