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INDEMNITY INS. CO. OF NORTH AMERICA v. KELLAS

Civ. A. No. 7402.

80 F.Supp. 497 (1948)

INDEMNITY INS. CO. OF NORTH AMERICA v. KELLAS et al.

United States District Court D. Massachusetts.

June 18, 1948.

Attorney(s) appearing for the Case

James P. Moriarty, of Springfield, Mass., for plaintiff.

Harvey & Mulcare and Nathaniel M. Harvey, all of Springfield, Mass., for defendant Willys-Overland Motors, Inc.

Cohen, Bernkoff, Grauman & Goodman and A. H. Grauman, all of Boston, Mass., for defendants Ednamarie Kellas and Ruth Kellas.

WYZANSKI, District Judge.

This case is before me on a motion to dismiss filed by defendants Ednamarie and Ruth Kellas.

A Pennsylvania insurance company filed a complaint under the Federal Declaratory Judgments Act, 28 U.S.C.A. §§ 2201, 2202, and named as defendants an Ohio manufacturer and three Massachusetts citizens, Ednamarie, Ruth and Junior Kellas. The essence of the case is that the plaintiff insurance company is suing both its beneficiary...

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