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AMERICAN LUMBERMENS MUT. CASUALTY CO. v. KLEIN

Civil Action No. 5789.

63 F.Supp. 701 (1945)

AMERICAN LUMBERMENS MUT. CASUALTY CO. OF ILLINOIS v. KLEIN et al.

District Court, E. D. New York.

November 16, 1945.

Attorney(s) appearing for the Case

Evans, Rees & Orr, of New York City (Alexander Orr, Jr., of New York City, of counsel), for plaintiff.

Jacob J. & Jay O. Kramer, of New York City, for defendant Emory I. Klein.

Austin G. Cocuzza, of Brooklyn, N. Y., for defendant Frank Lazzara.

MOSCOWITZ, District Judge.

The plaintiff herein seeks a declaratory judgment under 28 U.S.C.A. § 400.

On July 29, 1943, the plaintiff issued its policy of liability insurance insuring the liability of the defendant Klein. The policy of insurance provides that upon the happening of an accident written notice shall be given by or on behalf of the insured to the plaintiff or any of its authorized agents "as soon as practicable".

On November 29, 1943...

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