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FEDERAL INSURANCE CO. v. MICHIGAN MUTUAL LIABILITY CO.

Civ. A. No. 24547.

166 F.Supp. 537 (1958)

FEDERAL INSURANCE COMPANY v. MICHIGAN MUTUAL LIABILITY COMPANY, J. Robert Bazley, Inc., Lamar P. Conrad, S & E McCormick, Inc., and Alex Witcjak.

United States District Court E. D. Pennsylvania.

September 3, 1958.

Attorney(s) appearing for the Case

Robert E. Jones, Philadelphia, Pa. (Rawle & Henderson, Philadelphia, Pa.), for plaintiff.

Louis Samuel Fine, Philadelphia, Pa., for defendant Alex Witcjak.

LEAHY, District Judge.

This is defendant's motion (Alex Witcjak) to dismiss plaintiff's complaint for declaratory judgment as to him. Action is based on 28 U.S.C.A. § 2201 et seq.

The alleged facts: Witcjak was a truck driver for S & E McCormick, Inc. He was driving a truck near Tamaqua, Pennsylvania. He arrived at his destination. To unload his equipment he removed the rear wheels of his I-beam trailer...

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