AMERICAN OIL CO. v. HARDWARE MUTUAL CASUALTY CO.

No. 7191.

408 F.2d 1365 (1969)

The AMERICAN OIL COMPANY, Plaintiff, Appellant, v. HARDWARE MUTUAL CASUALTY COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

Decided March 21, 1969.

Rehearing Denied April 24, 1969.


Attorney(s) appearing for the Case

Raymond A. LaFazia, Providence, R. I., for appellant.

Leonard A. Kiernan, Jr., Providence, R. I., for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


McENTEE, Circuit Judge.

In this declaratory judgment suit, The American Oil Company (American) seeks, inter alia, to compel Hardware Mutual Casualty Company (Hardware) to take over the defense of a pending negligence action brought against American. The district court, sitting without a jury, found that Hardware had no obligation to assume the defense of the suit and denied the relief sought. The issue raised by American's appeal is whether the trial court erred in...

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