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AMERICAN FIDELITY & CASUALTY COMPANY v. PENNSYLVANIA THRESHERMEN & FARMERS' MUTUAL CASUALTY INSURANCE COMPANY

No. 21520.

339 F.2d 260 (1964)

AMERICAN FIDELITY & CASUALTY COMPANY, Inc., Appellant, v. PENNSYLVANIA THRESHERMEN & FARMERS' MUTUAL CASUALTY INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 12, 1965.

Attorney(s) appearing for the Case

S. F. Memory, J. Mack Barnes, and S. F. Memory, Jr., Waycross, Ga., Memory, Barnes & Memory, Waycross, Ga., of counsel, for appellant.

Larry E. Pedrick and J. Edmund Pedrick, Waycross, Ga., Bennett, Pedrick & Bennett, Waycross, Ga., of counsel, for appellee.

Before TUTTLE, Chief Judge, and JONES and ANDERSON, Circuit Judges.

PER CURIAM:

Before the Court on this appeal is a controversy on its merits as to the liability, inter sese, of the two insurer litigants who were previously but prematurely here with respect to the same issue. American Fidelity & Casualty Co. v. Pennsylvania Threshermen & Farmers' Mutual Casualty Insurance Co., 5th Cir. 1960, 280 F.2d 453. With jurisdiction based upon diversity of citizenship, the action was brought by an...

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