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PACIFIC INDEMNITY CO. v. ACEL DELIVERY SERVICE, INC.

No. 72-2118.

485 F.2d 1169 (1973)

PACIFIC INDEMNITY COMPANY, Plaintiff-Appellant, v. ACEL DELIVERY SERVICE, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Modified on Denial of Rehearing November 23, 1973.

Attorney(s) appearing for the Case

Spencer C. Relyea, Logan Ford, Dallas, Tex., for plaintiff-appellant.

Sam S. Stollenwerck, Dallas, Tex., for Acel.

William C. Manning, Mabank, Tex., for Santos.

Tom H. Davis, Austin, Tex., for Talley.

Norman W. Darwin, Fort Worth, Tex., for Singe,

Henry W. Simon, Jr., Fort Worth, Tex., for Baker.

Before GOLDBERG, AINSWORTH and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

This is a Texas diversity case initiated by Pacific Indemnity Company, seeking a declaratory judgment pursuant to 28 U.S.C. § 2201, as to whether a policy issued by Pacific to Acel Delivery Service, Inc., covering a Piper Comanche aircraft imposes liability upon Pacific for an accident occurring near Raton, New Mexico. There are essentially two issues that must be resolved: (1) whether the policy provides coverage for the risk involved...

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