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GARFORD TRUCKING v. ALLIANCE INS. CO. OF PHILADELPHIA

No. 156, Docket 22189.

195 F.2d 381 (1952)

GARFORD TRUCKING, Inc. v. ALLIANCE INS. CO. OF PHILADELPHIA.

United States Court of Appeals Second Circuit.

Decided April 2, 1952.

Attorney(s) appearing for the Case

Bigham, Englar, Jones & Houston, New York City, for appellant, John M. Aherne and John L. Conners, New York City, of counsel.

Mendes & Mount, New York City, for appellee, Charles R. Millett, New York City, of counsel.

Before SWAN, Chief Judge, and L. HAND and CLARK, Circuit Judges.

SWAN, Chief Judge.

This is an action on a policy of insurance covering "the legal liability of the Assured as a carrier * * * for loss or damage from perils hereinafter specified to shipments of lawful goods and merchandise * * * in transit in or on" trucks of the Assured between points in the United States or Canada. Federal jurisdiction rests on diversity of citizenship. Upon the conceded facts each party moved for summary judgment. The plaintiff's motion was granted...

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