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LEE v. BITUMINOUS CASUALTY CORPORATION

No. 20239.

330 F.2d 514 (1964)

J. Wilmer LEE, Appellant, v. BITUMINOUS CASUALTY CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

April 1, 1964.

Attorney(s) appearing for the Case

Walter B. Henley, Northport, Ala., for appellant.

John D. McQueen, Jr., Tuscaloosa, Ala., James R. Forman, Jr., Birmingham, Ala. (Moore, Thomas, Taliaferro, Forman & Burr, Birmingham, Ala., McQueen & McQueen, Tuscaloosa, Ala., of counsel), for appellee.

Before RIVES and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

This is an action by an insurance company, the Bituminous Casualty Company, for a declaratory judgment against certain insureds, J. Wilmer Lee and the other defendants, a partnership doing business as the Steel Erectors and Rental Company. The facts are undisputed. D. L. Elmore, an employee of a third party, sued the defendants for damages arising from an injury allegedly caused by the defendants' negligence. The question for decision is whether...

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