CONTINENTAL CAS. CO. v. EMPLOYERS COMMERCIAL U. INS. CO.

No. 72-1528.

476 F.2d 782 (1973)

CONTINENTAL CASUALTY COMPANY, a corporation, Appellee, v. EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, a corporation, Appellant, and Crane and Ordway Co., a corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided March 20, 1973.

Rehearing Denied May 11, 1973.


Attorney(s) appearing for the Case

Michael F. Pieplow, Sioux Falls, S. D., for appellant.

Donald J. Porter, Pierre, S. D., for appellee.

Before GIBSON and ROSS, Circuit Judges, and BENSON, District Judge.


GIBSON, Circuit Judge.

The defendant Employers Commercial Union Insurance Company (Employers), appeals from an adverse declaratory judgment requiring it to defend, as an omnibus insured, the defendant in another law suit, Bruce Lyson v. Crane and Ordway Company,1 pending in the United States District Court for South Dakota. Plaintiff Continental Casualty Company (Continental), the liability carrier for Crane and Ordway (Crane), brought...

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