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HARDWARE MUTUAL CASUALTY CO. v. SHELBY MUTUAL INS. CO.

No. 34422.

213 F.Supp. 669 (1962)

HARDWARE MUTUAL CASUALTY COMPANY, Plaintiff, v. The SHELBY MUTUAL INSURANCE CO., Mary Patricia O'Malley, a minor, Helen Hromyko, Isabella Barkley, Virgil A. Barkley, Philip R. Statler, Defendants

United States District Court N. D. Ohio, E. D.

August 27, 1962.

Attorney(s) appearing for the Case

Wm. M. Byrnes, Wm. A. Kane, Jamison, Ulrich, Hope, Johnson & Burt, Cleveland, Ohio, for plaintiff.

Rees H. Davis, Jr., Edward J. Kirk, Sindell, Sindell, Bourne & Disbro, Richard M. Markus, Robert M. Weh, Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, for defendants.

KALBFLEISCH, District Judge.

This is an action for declaratory judgment on behalf of the Hardware Mutual Casualty Company, hereinafter referred to as "Hardware," against The Shelby Mutual Insurance Company, hereinafter referred to as "Shelby," Helen Hromyko, Virgil Barkley, and Isabelle Barkley. The action was tried to the Court and extensive findings of fact were made.

Philip Statler was, on July 30, 1957, the owner of a 1955 Mercury. On that date he went...

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