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UTILITIES CONSTRUCTION CORP. v. PEERLESS INS. CO.

Civ. A. No. 3464.

233 F.Supp. 64 (1964)

UTILITIES CONSTRUCTION CORPORATION v. PEERLESS INSURANCE COMPANY and Phoenix Assurance Company v. Max D. BLISS, James A. McMennamin, and M. F. Lawlor, D/B/A Bliss and Lawlor Insurance Agency v. AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA and St. Paul Fire and Marine Insurance Company.

United States District Court D. Vermont.

July 1, 1964.

Attorney(s) appearing for the Case

A. Luke Crispe, Brattleboro, Vt., for Utilities Construction Corp.

Richard E. Davis, Barre, Vt., for Peerless Ins. Co.

Kinney & Cook, Rutland, Vt., for Phoenix Ins. Co.

Barber & Barber, Brattleboro, Vt., for third-party defendants Max D. Bliss, James A. McMennamin, and M. F. Lawlor d/b/a Bliss & Lawlor Ins. Co.

Robert Grussing, III, Brattleboro, Vt., for fourth-party defendants American Casualty Co. and St. Paul Fire and Marine Ins. Co.

Ryan, Smith & Carbine, Rutland, Vt., for intervenor Central Vermont Public Service Corp.

GIBSON, District Judge.

STATEMENT OF THE CASE

This action was commenced by the plaintiff Utilities Construction Corporation, a corporation incorporated under Vermont law and hereafter called Utilities, filing a complaint on May 2, 1962 against Peerless Insurance Company which is a New Hampshire insurance company and the Phoenix Assurance Company which is a New York corporation. The two insurance companies shall hereafter be called Peerless and Phoenix respectively...

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