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FIDELITY & CASUALTY CO. OF N. Y. v. SEVEN PROVINCES INS. CO.

No. 16028.

345 F.2d 227 (1965)

The FIDELITY & CASUALTY COMPANY OF NEW YORK, The Fidelity & Casualty Company of New York, as Subrogee of Morgan Drive Away, Inc., Plaintiffs-Appellees, v. The SEVEN PROVINCES INSURANCE COMPANY, Ltd., Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

May 14, 1965.

Attorney(s) appearing for the Case

Richard Edward Mueller, Chicago, Ill., Walter L. Leech, Leech & Leech, Flint, Mich., Lord, Bissell & Brook, Chicago, Ill., on the brief, for appellant.

Douglas M. Philpott, Flint, Mich., Walter J. Barkey, Flint, Mich., on the brief, for appellees.

Before WEICK, Chief Judge, and MILLER and O'SULLIVAN, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

The plaintiff, Fidelity & Casualty Co. of New York, hereinafter referred to as F. & C., issued its policy of automobile liability insurance to the insured Morgan Drive Away, Inc., hereinafter referred to as Morgan, which was engaged in the business of hauling house trailers throughout the United States, with bodily injury limits of $200,000/500,000 for the period of March 1, 1959, to March 1, 1960. Without discussing...

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