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TRUCK INSURANCE EXCHANGE v. AMERICAN SURETY CO. OF N. Y.

No. 19137.

338 F.2d 811 (1964)

TRUCK INSURANCE EXCHANGE, an Interinsurance Exchange, a Corporation, Appellant, v. AMERICAN SURETY COMPANY OF NEW YORK, a Corporation, Appellee. AMERICAN SURETY COMPANY OF NEW YORK, a Corporation, Appellant, v. TRUCK INSURANCE EXCHANGE, an Interinsurance Exchange, a Corporation, Appellee.

United States Court of Appeals Ninth Circuit.

November 13, 1964.

Attorney(s) appearing for the Case

Clifford Mitchell, Mitchell & Henderson, Eureka, Cal., for appellant-cross appellee American Sur. Co. of N. Y.

Gerald P. Martin, Richard G. Logan, Clark, Heafey & Martin, Oakland, Cal., for appellee-cross appellant Truck Ins. Exchange.

Before BASTIAN, sitting by designation, MERRILL and DUNIWAY, Circuit Judges.

MERRILL, Circuit Judge.

The parties to this diversity action are insurers of persons whom a California state court has adjudged liable for damages in wrongful death resulting from their negligent conduct. The issue here is as to the apportionment of the California court judgment between the insurers. Defense of the state action was tendered to Truck Insurance Exchange and was refused. Defense was then undertaken by American Surety Company. Judgment in the sum of ...

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