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CROWLEY'S MILK CO. v. AMERICAN MUT. LIABILITY INS. CO.

No. 619, Docket 34277.

426 F.2d 752 (1970)

CROWLEY'S MILK CO., Inc., Plaintiff-Appellee, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 30, 1970.

Attorney(s) appearing for the Case

Montfort, Healy, McGuire & Salley, Garden City, N. Y. (John J. McGuire, E. Richard Rimmels, Jr., Garden City, of counsel), for plaintiff-appellee.

Alexander, Ash & Schwartz, New York City (Sidney A. Schwartz, New York City, of counsel), for defendant-appellant.

Before MOORE and FEINBERG, Circuit Judges, and BONSAL, District Judge.

BONSAL, District Judge:

Plaintiff Crowley's Milk Co., Inc., brought this action for a declaratory judgment that it is an unnamed insured under an insurance policy issued by defendant American Mutual Liability Insurance Company to the Samuel Products Corp. ("Samuel"). Judge Dooling held that plaintiff was an unnamed insured under the policy, that defendant was the primary insurer, and that plaintiff's own insurer, the Insurance Company of North America ("INA"), was...

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