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TRAVELERS INSURANCE COMPANY v. McELROY

No. 20183.

359 F.2d 529 (1966)

The TRAVELERS INSURANCE COMPANY and The Travelers Indemnity Company, Appellants, v. Rean William McELROY, Jr., Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied June 2, 1966.

Attorney(s) appearing for the Case

Daniel Cracchiolo, Kramer, Roche, Burch & Streich, Phoenix, Ariz., for appellant.

Frank Lewis, Langerman, Begam & Lewis, Phoenix, Ariz., for appellee.

Before HAMLEY, HAMLIN and DUNIWAY, Circuit Judges.

HAMLEY, Circuit Judge.

Rean William McElroy, Jr., was injured when the truck in which he was a passenger collided with an automobile. On May 20, 1963, he obtained a default judgment in an Arizona superior court for $105,000 against the driver of the truck. This judgment has remained wholly unsatisfied. McElroy filed the present action in the district court against Travelers Insurance Company (Travelers), alleging that Travelers is liable for the unsatisfied judgment...

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