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HARLEYSVILLE MUT. INS. CO. v. EMPLOYERS CAS. CO.

Nos. 25538, 25548.

467 F.2d 665 (1972)

HARLEYSVILLE MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. EMPLOYERS CASUALTY COMPANY, Defendant-Appellee. HARLEYSVILLE MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. GLENS FALLS INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 16, 1972.

Attorney(s) appearing for the Case

John H. Lyons (argued), of O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for plaintiff-appellant.

Val A. Cordova (argued), J. Gordon Cook, of Renaud, Cook, Miller & Cordova, Phoenix, Ariz., for defendant-appellee.

Before MERRILL and ELY, Circuit Judges, and GRAY, District Judge.

ELY, Circuit Judge:

The present controversy arose out of a collision between a dump truck and a motorcycle, which resulted in the death of one Johannsen, the driver of the motorcycle. The deceased's widow instituted a suit in the Arizona state court. Prior to the trial of that suit, the state court granted a motion for summary judgment made by Conway, one of the defendants in the state court action and the insured of Glens Falls. No appeal from the court's action...

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