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CONSOLIDATED SYSTEMS, INC. v. ALLSTATE INSURANCE COMPANY

No. 25996.

411 F.2d 157 (1969)

CONSOLIDATED SYSTEMS, INC., et al., Appellants, v. ALLSTATE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

May 23, 1969.

Attorney(s) appearing for the Case

Bernard C. Pestcoe, Hollander & Pestcoe, Miami, Fla., for appellant.

John T. Bond, Miami, Fla, for Consolidated Systems, Inc.

L. N. Preddy, Preddy, Haddad & Kutner, Miami, Fla., for Alterman Transport Lines.

Samuel J. Hannon, Walter Ernest Mackoul, Richard M. Gale, Miami, Fla., for Citizens Cas. Co.

Robert M. Sturrup, Hollywood, Don R. Livingstone, Richard B. Adams, Dean, Adams, George & Wood, Miami, Fla., for appellee.

Before THORNBERRY and DYER, Circuit Judges, and KEADY, District Judge.

THORNBERRY, Circuit Judge:

In the most general terms, the question presented is whether one insurer can relieve itself of the duty to provide coverage for its own insured by shifting that duty to another insurer even though the other insurer never made itself a party to any instrument purporting to cover the insured. The subsidiary issues and underlying facts are not so easily explained. Allstate, the insurer seeking to be relieved and plaintiff in this declaratory...

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