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CONTAINER CORP. OF AMERICA v. BITUMINOUS CAS. CORP.

252 A.2d 117 (1969)

CONTAINER CORPORATION OF AMERICA, a Delaware corporation, and London Guarantee and Accident Company, Ltd., a London, England, corporation, Plaintiffs, v. BITUMINOUS CASUALTY CORPORATION, an Illinois corporation, Defendant.

Superior Court of Delaware, New Castle.

March 28, 1969.

Attorney(s) appearing for the Case

William J. Alsentzer, Jr., Wilson & Lynam, Wilmington, for plaintiffs.

Robert G. Carey, Prickett, Ward, Burt & Sanders, Wilmington, for defendant.

OPINION

O'HORA, Judge.

This case requires disposition of motions for summary judgments by plaintiffs and of cross motions for summary judgment by defendant. Because of the complexity of the facts, it may be helpful to review them here.

The motions to be disposed of arise out of an accident which occurred on November 13, 1963. On that date John Cannon, an employee of Wilmington Waste and Materials, Inc. ("Wilmington Waste") delivered a load of cardboard...

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