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ASHLAND OIL & REFINING CO. v. TRAVELERS INSURANCE CO.

No. 160, Docket 30630.

368 F.2d 821 (1966)

ASHLAND OIL & REFINING COMPANY, Incorporated, Plaintiff-Appellee, v. The TRAVELERS INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 9, 1966.

Attorney(s) appearing for the Case

Arthur J. Maloney, Buffalo, N. Y., (Adams, Brown, Starrett & Maloney, Buffalo, N. Y.), for appellant.

George M. Gibson, Buffalo, N. Y. (Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N. Y.) (William S. Easton, Buffalo, N. Y., of Counsel), for appellee.

Before FRIENDLY, SMITH and FEINBERG, Circuit Judges.

PER CURIAM:

Being persuaded of the correctness of the result reached by the District Court and altogether convinced of our inability to do anything but produce further confusion on a matter of New York insurance law now quite sufficiently confused, contrast, e. g., Brooklyn Eastern District Terminal v. Phoenix of Hartford Ins. Co., 26 A.D.2d 627, 272 N.Y.S.2d 443 (2d Dept. 1966) (3-2 decision) with Continental Casualty Co. v. Duffy...

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