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PROVIDENT TRADESMENS B. & T. CO. v. LUMBERMENS MUT. CAS. CO.

No. 14589.

365 F.2d 802 (1966)

PROVIDENT TRADESMENS BANK AND TRUST COMPANY, Administrator of the Estate of John R. Lynch, Also Known as John Roberts Lynch, Deceased, (Plaintiff) and John Landis Harris and Sarah B. Smith, Administratrix of the Estate of Thomas W. Smith, Deceased (Party Plaintiffs) v. LUMBERMENS MUTUAL CASUALTY COMPANY and George M. Patterson, Administrator of the Estate of Donald Cionci, Deceased, Lumbermens Mutual Casualty Company (Defendant), Appellant.

United States Court of Appeals Third Circuit.

Reargued June 9, 1966.

Decided August 30, 1966.

Attorney(s) appearing for the Case

Norman Paul Harvey, Philadelphia, Pa., for appellant.

Avran G. Adler, Philadelphia, Pa. (Abraham E. Freedman, Freedman, Landy & Lorry, J. Willison Smith, Jr., Bayard M. Graf, Philadelphia, Pa., on the brief), for appellees.

Reargued before STALEY, Chief Judge, and McLAUGHLIN, KALODNER, HASTIE, GANEY, SMITH and FREEDMAN, Circuit Judges.

KALODNER, Circuit Judge.

The instant declaratory judgment proceeding1 was brought by Lynch's Estate2 to determine whether the coverage of a public liability policy issued by the defendant, Lumbermens Mutual Casualty Company, to an owner of an automobile, one Edward S. Dutcher, extended to the deceased Donald Cionci, who was driving the car at the time it was involved in an accident. The policy by its terms...

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