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AMERICAN STATES INSURANCE COMPANY v. D'ATRI

No. 16998.

375 F.2d 761 (1967)

AMERICAN STATES INSURANCE COMPANY, Plaintiff-Appellant, v. Emilio D'ATRI, d/b/a D'Atri's Sunoco Service Station, Leona A. Fox, William Fox and Clarence Fox Motors, Inc., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

April 18, 1967.

Attorney(s) appearing for the Case

Robert F. Hesser, Cleveland, Ohio, for plaintiff-appellant, Robert F. Hesser, Richard J. McGraw, Jamison, Ulrich, Johnson, Burkhalter & Hesser, Cleveland, Ohio, on brief.

Lody Huml, Cleveland, Ohio, for defendants-appellees; William C. Todia, Cleveland, Ohio, on brief for Leona and William Fox, Charles W. Kitchen, Cleveland, Ohio, on brief for Clarence Fox Motors.

Before O'SULLIVAN, PECK and McCREE, Circuit Judges.

PER CURIAM.

This is an appeal from an order of the District Court for the Northern District of Ohio dismissing a complaint filed by plaintiff-appellant, the American States Insurance Company, seeking relief under the Federal Declaratory Judgment Act, 28 U.S.C. Sections 2201 and 2202. We believe the complaint set out a case for declaratory relief under the mentioned statute and should be reinstated.

Plaintiff is a casualty insurance company which had in force...

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