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TRAVELERS INDEMNITY CO. v. ROSEDALE PASSENGER LINES, INC.

No. 14714.

450 F.2d 975 (1971)

TRAVELERS INDEMNITY COMPANY, a body corporate of the State of Connecticut, Appellee, v. ROSEDALE PASSENGER LINES, INC., a body corporate of the State of Maryland, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided November 4, 1971.

Attorney(s) appearing for the Case

Thomas G. Bodie, Towson, Md. (William F. Mosner and Power & Mosner, Towson, Md., on the brief), for appellant.

Paul V. Niemeyer, Baltimore, Md. (Joseph H. Young, Baltimore, Md., on the brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BRYAN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

Rosedale Passenger Lines, Inc., appeals from a judgment in favor of Travelers Indemnity Company which reimbursed Travelers for funds it paid to discharge a Baltimore City Court judgment against Rosedale. The district court held that Rosedale, Travelers' insured, was estopped from asserting that it had forwarded suit papers to Travelers, and, accordingly, it denied recovery under the cooperation clause of the insurance policy.

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