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TRAVELERS INSURANCE CO. v. FIDELITY & CAS. CO. OF N. Y.

409 S.W.2d 175 (1966)

TRAVELERS INSURANCE COMPANY, Plaintiff-in-Error, v. FIDELITY & CASUALTY COMPANY OF NEW YORK, Defendant-in-Error.

Supreme Court of Tennessee.

November 14, 1966.

Attorney(s) appearing for the Case

Russell G. Lazenby, Jr., Nashville, for plaintiff in error, Glasgow & Adams, Nashville, of counsel.

H.T. Finley and Parker, Robinson & Christian, Nashville, for defendant in error.

OPINION

CHATTIN, Justice.

This appeal is from the action of the trial judge in sustaining a demurrer to the declaration of plaintiff-in-error, Travelers Insurance Company, against the defendant, Fidelity & Casualty Company of New York.

We quote the pertinent parts of the declaration, as follows:

"2. On or about October 21, 1964, Travelers Insurance Company was the Workmen's Compensation insurer of Anderson and Gore Construction Company...

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