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LUMBERMENS MUTUAL CAS. CO. v. TOWN OF POUND RIDGE

No. 287, Docket 30004.

362 F.2d 430 (1966)

LUMBERMENS MUTUAL CASUALTY COMPANY, Plaintiff-Appellee, v. TOWN OF POUND RIDGE, COUNTY OF WESTCHESTER, and Elizabeth Garfield, as Executrix of the Estate of Samuel H. Garfield, deceased, and Elizabeth Garfield, individually, Defendants-Appellants, Mary Stolz, William B. Stolz, Norman W. Cook and Nancy B. Cook, Defendants.

United States Court of Appeals Second Circuit.

Decided June 14, 1966.

Attorney(s) appearing for the Case

John C. Marbach, White Plains, N. Y. (Bleakley, Platt, Schmidt, Hart & Fritz, White Plains, N. Y., with him on the brief), for appellant Town of Pound Ridge.

Milton G. Sincoff, New York City (Gerald A. Robbie, Kreindler & Kreindler, New York City, with him on the brief), for appellant Elizabeth Garfield.

Perrell, Nielsen & Stephens, New York City, for defendant-appellant, County of Westchester.

Sidney A. Schwartz, New York City (Edward Ash and Alexander, Ash & Schwartz, New York City, with him on the brief), for appellee.

Before LUMBARD, Chief Judge, and WATERMAN and MOORE, Circuit Judges.

MOORE, Circuit Judge:

This is an appeal by the defendants from a declaratory judgment in an action brought under 28 U.S.C.A. § 2201 holding that the plaintiff insurance company, Lumbermens Mutual Casualty Company, was not obligated under a policy issued to the insured defendant, Town of Pound Ridge, to defend the insured in actions pending in the Supreme Court of New York, County of Westchester, nor to indemnify the insured or pay any judgments which may be entered...

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