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DELAWARE COACH CO. v. SAVAGE

Civil Action No. 524.

68 F.Supp. 175 (1945)

DELAWARE COACH CO. v. SAVAGE et al.

District Court, D. Delaware.

On Reargument November 12, 1946.

Attorney(s) appearing for the Case

William H. Foulk and William Poole (of Southerland Berl & Potter), all of Wilmington, Del., for plaintiff.

William Prickett, of Wilmington, Del., for defendants.

LEAHY, District Judge.

Since jurisdiction is here based on diversity, Delaware law must be followed. Travelers' Ins. Co. v. E. I. Du Pont De Nemours & Co., 1 Terry 285, 9 A.2d 88, 92, is the Delaware case pertinent here. The issue in that case was whether an insurer or an employer was authorized to bring suit against a third party tortfeasor for compensation paid by it to the dependent mother of a deceased employee...

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