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AETNA INSURANCE COMPANY v. NEWTON

No. 17037.

398 F.2d 729 (1968)

AETNA INSURANCE COMPANY, a corporation incorporated under the laws of the State of Connecticut v. Lester C. NEWTON, Lester C. Newton Trucking Company, a corporation incorporated under the laws of the State of Delaware, C. F. Schwartz, Inc., a corporation incorporated under the laws of the State of Delaware, and Continental Insurance Company, a corporation incorporated under the laws of the State of New York, C. F. Schwartz, Incorporated, Appellant.

United States Court of Appeals Third Circuit.

Decided July 25, 1968.

Attorney(s) appearing for the Case

John J. Schmittinger, Schmittinger & Rodriguez, Dover, Del. (Harold Schmittinger, Dover, Del., on the brief), for appellant.

Roger Sanders, Prickett, Ward, Burt & Sanders, Wilmington, Del., for appellee.

Before KALODNER, GANEY and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge.

This is an appeal by the defendant C. F. Schwartz, Incorporated ("Schwartz") from the District Court's Order denying its motion for summary judgment against the plaintiff Aetna Insurance Company ("Aetna"), and entering summary judgment in favor of Aetna and against Schwartz.1

We do not reach the merits of this appeal because we lack jurisdiction to entertain it inasmuch as...

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