LUHRING, Justice.
The declaration is in two counts and was filed on the 6th day of September, 1938, and prior to the effective date of the Rules of Civil Procedure for the District Courts of the United States, rule 86, 28 U.S.C.A. following section 723c.
It appears in each count of the declaration that the defendant corporation entered into a liability insurance agreement with one Frederic C. Newburgh, whereby it agreed that if any third person sustained injury...
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