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ATLANTIC MUTUAL INSURANCE COMPANY v. COONEY

No. 16842.

303 F.2d 253 (1962)

ATLANTIC MUTUAL INSURANCE COMPANY, a corporation, Appellant, v. Robert J. COONEY, doing business under the firm name and style of Allied Enterprises, and National Union Fire Insurance Company of Pittsburgh, Pa., a corporation, Appellees. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., a corporation, Appellant, v. Robert J. COONEY, doing business under the firm name and style of Allied Enterprises, Appellee. Robert J. COONEY, doing business under the firm name and style of Allied Enterprises, Appellant, v. NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied May 15, 1962.

Attorney(s) appearing for the Case

George H. Hauerken, Cyril Viadro, Hauerken, St. Clair, Zappettini & Hines, San Francisco, Cal., for appellant Atlantic Mut. Ins. Co.

Bert W. Levit, John B. Hook, Long & Levit, San Francisco, Cal., for appellant, National Union Fire Ins. Co. of Pittsburgh, Pa.

Before POPE and HAMLEY, Circuit Judges, and JAMESON, District Judge.

JAMESON, District Judge.

This action was instituted against Robert J. Cooney, a citizen of California, doing business as Allied Enterprises, by Atlantic Mutual Insurance Company, a New York corporation, as assignee and subrogee of Army and Air Force Exchange Service, a government instrumentality. National Union Fire Insurance Company, a Pennsylvania corporation, intervened pursuant to leave of court.

Cooney is an...

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