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AETNA INSURANCE COMPANY v. NEWTON

No. 19370.

456 F.2d 655 (1972)

AETNA INSURANCE COMPANY, a corporation incorporated under the laws of the State of Connecticut v. Lester C. NEWTON et al. Appeal of C. F. SCHWARTZ, INC.

United States Court of Appeals, Third Circuit.

Decided March 10, 1972.

Attorney(s) appearing for the Case

John J. Schmittinger, Schmittinger & Rodriquez, Dover, Del., for appellant.

Roger Sanders, Prickett, Ward, Burt & Sanders, Wilmington, Del., for appellee, Aetna Ins. Co.

E. Dickinson Griffenberg, Jr., Potter, Anderson & Corroon (Michael D. Goldman, Wilmington, Del., on the brief), for Continental Ins. Co., appellee.

Before SEITZ, Chief Judge, HASTIE, Circuit Judge and HERMAN, District Judge.

OPINION OF THE COURT

SEITZ, Chief Judge.

The facts precipitating this appeal are extensively set forth in Aetna Ins. Co. v. Newton, 398 F.2d 729 (3d Cir. 1968).

Aetna Insurance Company (Aetna), as insurer for the Lester C. Newton Trucking Co. (Newton) filed a complaint seeking a declaratory judgment that C. F. Schwartz, Inc. (Schwartz) or its insurer Continental Insurance Company (Continental) was liable for amounts...

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