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PHOENIX ASSURANCE CO. OF NEW YORK v. HARRY HARLESS CO.

Civ. A. No. 67-710.

303 F.Supp. 867 (1969)

PHOENIX ASSURANCE COMPANY OF NEW YORK, a corporation, Plaintiff, v. HARRY HARLESS COMPANY, Inc., a corporation, et al., Defendants.

United States District Court N. D. Alabama, S. D.

January 15, 1969.

Attorney(s) appearing for the Case

Herbert W. Peterson, of Rives, Peterson, Pettus & Conway, Birmingham, Ala., for plaintiff.

Paul G. Smith, of Huie, Fernambucq & Stewart, C. William Gladden, Jr., of Mead, Norman & Fitzpatrick, and Joe R. Wallace, Birmingham, Ala., for defendants.

ORDER ON MOTION FOR JUDGMENT N. O. V. AND ON MOTION FOR NEW TRIAL

GROOMS, District Judge.

This matter is before the Court on plaintiff's motion for a new trial and for judgment notwithstanding the verdict.

The complaint herein is one for a declaratory judgment wherein plaintiff, as an insurer of the defendant Harry Harless Company, Inc., seeks a declaration that it is without obligation to defend Civil Action No. 67-600 pending in this Court or to...

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