GOODYEAR RUB. & SUP. CO., INC. v. GREAT AMERICAN INS. CO.

No. 26694.

471 F.2d 1343 (1973)

GOODYEAR RUBBER & SUPPLY COMPANY, INC., a corporation, Plaintiff-Appellant, v. GREAT AMERICAN INSURANCE COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

January 5, 1973.


Attorney(s) appearing for the Case

Thomas S. Moore (argued), George M. Joseph, of Morrison & Bailey, Morton H. Zalutsky, Portland, Or., for plaintiff-appellant.

John J. Higgins (argued), Stuart Hall, David J. Krieger, of Black, Kendall, Tremaine, Boothe & Higgins, Portland, Or., for defendant-appellee.

Before BROWNING, CARTER and WRIGHT, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

This declaratory judgment action, based on diversity of citizenship, was tried on stipulated facts. The plaintiff below, Goodyear, sought an interpretation of a policy of liability insurance issued to it by the defendant Great American and an adjudication that a damage claim made against Goodyear by a third party was within the coverage of the policy. Goodyear also sought a ruling that Great American had an obligation to defend a suit...

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