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LAVIANA v. SHELBY MUTUAL INSURANCE COMPANY

Civ. A. No. 3378.

224 F.Supp. 563 (1963)

Earl E. LAVIANA v. The SHELBY MUTUAL INSURANCE COMPANY and Nationwide Mutual Insurance Company v. AMERICAN CASUALTY COMPANY.

United States District Court D. Vermont.

July 22, 1963.

Attorney(s) appearing for the Case

Kinney & Cook, Rutland, Vt., for plaintiff.

Ryan, Smith & Carbine, Rutland, Vt., for defendant Shelby Mut. Ins. Co.

Fitts & Olson, Brattleboro, Vt., for defendant Nationwide Mut. Ins. Co.

Barber, Barber & Grussing, Brattleboro, Vt., for third-party defendant American Casualty Co.

GIBSON, District Judge.

The complaint is in the nature of a petition for declaratory judgment. The plaintiff was involved in an accident wherein a gun being unloaded by the plaintiff discharged and injured one Charles Pia. Charles Pia has indicated he will seek damages from the plaintiff. The Shelby Mutual Insurance Company had issued an insurance policy covering the car into which the plaintiff was preparing to enter. Nationwide Mutual Insurance Company had issued...

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