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EASTERN FOUNDATION COMPANY, INC. v. CRESWELL

No. 71-1941.

475 F.2d 351 (1973)

EASTERN FOUNDATION COMPANY, INC. v. Jack Norman CRESWELL et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 29, 1973.

Attorney(s) appearing for the Case

Richard W. Galiher, Jr., Washington, D. C., with whom William H. Clarke, Frank J. Martell, William J. Donnelly, Jr., and Richard W. Galiher, Washington, D. C., were on the brief, for appellant.

Branko Stupar, Washington, D. C., for appellee.

Before BAZELON, Chief Judge, LEVENTHAL, Circuit Judge, and HARRISON L. WINTER, Circuit Judge for the Fourth Circuit.

LEVENTHAL, Circuit Judge:

In this case, in which Eastern Foundation Co. (Appellee) brought an action under the terms of an excess liability policy that it purchased from Appellants, underwriting members of Lloyd's of London, the issue is the binding effect, by way of collateral estoppel, of a prior litigation in which Eastern was a party but Appellants were not.

The coverage terms of the primary insurer, Hartford Accident and Indemnity, written in the amount...

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