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ST. PAUL-MERCURY IND. CO. v. AMERICAN FIDELITY & CAS. CO.

Civ. A. No. 1174-N.

146 F.Supp. 39 (1956)

ST. PAUL-MERCURY INDEMNITY COMPANY, a Corporation, Plaintiff, v. AMERICAN FIDELITY AND CASUALTY COMPANY, Inc., a Corporation, Larsen & Larsen, Inc., a Corporation, John Doe and Richard Roe, Individuals, Whose Names are Otherwise Unknown to the Plaintiff but will be Added by Way of Amendment when Ascertained, Leroy Osborne, d/b/a Osborne & Company, or as Osborne & Company Truck Lines, and Solan Estes, Defendants.

United States District Court M. D. Alabama, N. D.

November 2, 1956.

Attorney(s) appearing for the Case

Martin & Blakey, Birmingham, for plaintiff.

Ball & Ball, Montgomery, Ala., for American Fidelity & Casualty Co. and Leroy Osborne, d/b/a Osborne & Company, or as Osborne & Company Truck Lines, defendants.

Hill, Hill, Stovall & Carter, Montgomery, Ala., for defendant Solan Estes.

Rushton, Stakely & Johnston, Montgomery, Ala., for defendant Larsen & Larsen.

JOHNSON, District Judge.

This cause, coming on to be heard, was tried by the Court without a jury on October 25, 1956. The issues in controversy, which appear in the Court's order on pre-trial hearing entered in this cause on October 15, 1956, are as follows:

Proceeding under the Federal Declaratory Judgment Act, 28 U.S.C.A. § 2201, on behalf of the plaintiff, St. Paul-Mercury Indemnity Company, seeking a declaration by the Court with respect to the rights...

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