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SMITH v. NATIONAL UNION INS. CO.

Docket No. 36342.

16 Cal.App.3d 526 (1971)

94 Cal. Rptr. 111

MARTIN V. SMITH et al., Plaintiffs and Respondents, v. NATIONAL UNION INSURANCE COMPANY, Defendant, Cross-complainant and Appellant; INSURANCE COMPANY OF NORTH AMERICA, Cross-defendant and Respondent.

Court of Appeals of California, Second District, Division Two.

April 2, 1971.

Attorney(s) appearing for the Case

COUNSEL

Culliton & Hunter and Daniel J. Culliton for Defendant, Cross-complainant and Appellant.

Archbald, Zelezny & Spray and Kenneth L. Moes for Plaintiffs and Respondents.

No appearance for Cross-defendant and Respondent.

OPINION

HERNDON, J.

This is an appeal by defendant National Union Insurance Company from a judgment in favor of plaintiffs Smith and the cross-defendant Insurance Company of North America in an action for declaratory relief. (1) The basic question presented for the trial court's decision was whether or not plaintiffs Smith, the consignees of a shipment of liquor which was being unloaded from a truck upon premises maintained...

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