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JAMESTOWN MUTUAL INS. CO. v. ERIE INSURANCE EXCHANGE

C.A. No. 12-71 Erie.

357 F.Supp. 933 (1972)

JAMESTOWN MUTUAL INSURANCE COMPANY, Plaintiff, v. ERIE INSURANCE EXCHANGE, Defendant.

United States District Court, W. D. Pennsylvania.

February 10, 1972.

Attorney(s) appearing for the Case

Gary J. Shapira, Erie, Pa., for plaintiff.

John F. Potter, Erie, Pa., for defendant.

OPINION

WILLSON, Senior District Judge.

In the complaint as filed the plaintiff, Jamestown Mutual Insurance Company, sought a declaratory judgment to settle a controversy between it and Erie Insurance Exchange, the defendant. Erie filed a motion to dismiss based on the ground that there was no actual controversy between the parties.

On March 4, 1968, Jamestown had executed its automobile insurance policy to one Ralph W. Lyons indemnifying him among...

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