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McNALLY v. AMERICAN STATES INSURANCE COMPANY

No. 15579.

339 F.2d 186 (1964)

John P. McNALLY and Tom McNally, d/b/a McNally Elevator Service Company, Plaintiffs-Appellants, v. AMERICAN STATES INSURANCE COMPANY, a foreign corporation, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 12, 1964.

Attorney(s) appearing for the Case

William L. Fisher, St. Clair Shores, Mich., for appellants.

Joseph B. Sullivan, Detroit, Mich., Sullivan, Sullivan, Hull & Ranger, Robert E. Sullivan, Detroit, Mich., on the brief, for appellee.

Before CECIL, O'SULLIVAN and PHILLIPS, Circuit Judges.

PER CURIAM.

This appeal challenges an order dismissing appellants McNallys' "Petition for Further Relief" to implement a declaratory judgment previously affirmed by this Court, McNally v. American States Ins. Co., 308 F.2d 438 (CA 6, 1962). Examination of the pleadings and proceedings convinces us that appellants, within the meaning of the second section of the Declaratory Judgment Act, 28...

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