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HOME INS. CO. v. AETNA CAS. & SUR. CO.

Nos. 319, 320, Dockets 75-7357, 75-7359.

528 F.2d 1388 (1976)

The HOME INSURANCE COMPANY, Plaintiff-Appellee, v. The AETNA CASUALTY AND SURETY COMPANY and Diamond Shamrock Corporation, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 13, 1976.

Attorney(s) appearing for the Case

Robert A. Dwyer, New York City (J. Robert Morris, New York City, of counsel), for appellant Aetna.

Horace P. Moulton, New York City (P. Jay Flocken, Thomas E. Moseley, Cadwalader, Wickersham & Taft, New York City, of counsel), for appellant Diamond Shamrock.

Philip D. Pakula, New York City (Townley, Updike, Carter & Rodgers, New York City, of counsel), for plaintiff-appellee.

Before KAUFMAN, Chief Judge, and SMITH and MESKILL, Circuit Judges.

PER CURIAM:

Appellee, the Home Insurance Company ("Home"), sought a declaratory judgment pursuant to 28 U.S.C. §§ 2201 and 2202 to determine the extent of its liability to indemnify its insured, appellant Diamond Shamrock Corporation ("Diamond"). Jurisdiction was based on diversity of citizenship. Agreeing that no genuine issue of material fact existed, both sides moved for summary judgment. The district court granted plaintiff's motion, ruling that the...

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