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SAINSBURY v. HARTFORD ACCIDENT AND INDEMNITY

Nos. 72-1207, 72-1208.

469 F.2d 392 (1972)

Ralph SAINSBURY et al., Plaintiffs-Appellees, v. HARTFORD ACCIDENT AND INDEMNITY CO., Defendant-Appellant. Ralph SAINSBURY et al., Plaintiffs-Appellees, v. HARDWARE MUTUAL CASUALTY CO., Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

As Amended November 17, 1972.

Attorney(s) appearing for the Case

Arthur J. Stern, Cleveland, Ohio, for Hardware Mutual Casualty Co.; Kitchen, Charles W. Kitchen, Cleveland, Ohio, for Hardware Mutual Casualty Co.; Kitchen, Messner & Leyshon, Cleveland, Ohio, on briefs.

Richard M. Markus, Cleveland, Ohio, for appellees; Sindell, Sindell, Bourne, Markus, Stern & Spero, Samuel C. Asad, Albert J. Morhard, Cleveland, Ohio, on briefs.

Before PHILLIPS, Chief Judge, PECK, Circuit Judge, and McALLISTER, Senior Circuit Judge.

McALLISTER, Senior Circuit Judge.

Appellees, Ralph Sainsbury and John Hronek are residents and citizens of Ohio. They brought this suit for declaratory relief, as hereafter appears, against two insurance companies.

On March 19, 1969, appellees were involved in a motor vehicle collision in the city of Cleveland. Sainsbury was driving his car on the roadway when it suddenly stalled. During a period of approximately ten minutes, he first tried to push it off...

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