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SAFEWAY MOVING AND STORAGE CORP. v. AETNA INSURANCE CO.

Nos. 71-1109, 71-1110.

452 F.2d 79 (1971)

SAFEWAY MOVING AND STORAGE CORPORATION, Appellee, v. AETNA INSURANCE COMPANY and Security Insurance Group, Appellants. SAFEWAY MOVING AND STORAGE CORPORATION, Cross-Appellant, v. AETNA INSURANCE COMPANY and Security Insurance Group, Cross-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided December 6, 1971.

Attorney(s) appearing for the Case

Norman F. Slenker, Arlington, Va. (Duff, Slenker, Brandt & Jennings, Arlington, Va., on brief), for Aetna Ins. Co. and Security Ins. Group.

A. Andrew Giangreco, Alexandria, Va., and Robert E. Manuel, Washington, D.C. (Giangreco, Seay & Manuel, Alexandria, Va., on brief), for Safeway Moving & Storage Corp.

Before HAYNSWORTH, Chief Judge, SOBELOFF, Senior Circuit Judge, and RUSSELL, Circuit Judge.

PER CURIAM:

After considering the briefs and oral arguments of the parties, we find no reason to disturb the District Court's findings of fact, 317 F.Supp. 238, and perceive no error of law. We sustain the District Court's conclusion that the Appellants breached their duty to defend. The finding of negligence on the part of Safeway by the Armed Services Board of Contract Appeals is a proper basis for the District Court's judgment...

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