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COUNTY OF WYOMING, N. Y. v. ERIE LACKAWANNA RY. CO.

Civ. No. 1971-172.

360 F.Supp. 1212 (1973)

COUNTY OF WYOMING, NEW YORK, Plaintiff, v. ERIE LACKAWANNA RAILWAY COMPANY et al., Defendants.

United States District Court, W. D. New York.

June 18, 1973.

Attorney(s) appearing for the Case

Stakel, Suttell & Found (Wallace J. Stakel, Batavia, N. Y., of counsel), for plaintiff.

Brown, Kelly, Turner, Hassett & Leach, Buffalo, N. Y. (John E. Leach, Buffalo, N. Y., of counsel), for defendant Aetna Casualty & Surety Co.

Smith, Murphy & Schoepperle, Buffalo, N. Y. (Frank G. Godson, Buffalo, N. Y., of counsel), for defendant Hartford Accident and Indemnity Co.

Ohlin, Damon, Morey, Sawyer & Moot, Buffalo, N. Y. (James S. McAskill, Buffalo, N. Y., of counsel), for defendant Insurance Co. of North America.

Heffernan, Sweet & Murphy, Buffalo, N. Y. (Eugene J. Murphy, Buffalo, N. Y., of counsel), for defendant Casimer N. Tomicki.

Hartman, Schlesinger & Schlosser, Mount Holly, N. J. (Francis J. Hartman, Mount Holly, N. J., of counsel); for defendants James Barnett and James E. Oyer.

CURTIN, District Judge.

In this action the plaintiff County of Wyoming [hereinafter referred to as Wyoming] seeks a declaration of its rights under certain insurance policies issued by defendants Aetna Casualty & Surety Company [hereinafter referred to as Aetna), Hartford Accident and Indemnity Company [hereinafter referred to as Hartford], and Insurance Company of North America [hereinafter referred to as INA]. The policies are the following: (1) Comprehensive...

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