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AMERICAN LUMBERMEN'S MUT. CASUALTY CO. v. WILCOX

No. 2085.

16 F.Supp. 799 (1936)

AMERICAN LUMBERMEN'S MUT. CASUALTY CO. OF ILLINOIS v. WILCOX et al.

District Court, W. D. New York.

October 16, 1936.

Attorney(s) appearing for the Case

Steele & Schultz, of Buffalo, N. Y., for plaintiff.

Ulysses S. Thomas, of Buffalo, N. Y., for defendants Ellen M. Wilcox and Clayton W. Ingles.

Wendell V. O'Shea, of Le Roy, N. Y., for defendants Electa Wilcox and Leonard A. Ingles.

KNIGHT, District Judge.

Plaintiff through a declaratory judgment seeks interpretation of the provisions of its liability policy issued to the defendant Ellen M. Wilcox, containing the provision that "this policy shall not cover, (4) any automobile while * * * used to carry passengers for a consideration. * * *" The sole issue is whether the automobile on the occasion of an accident was used to carry passengers for a consideration in violation of the foregoing provision...

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