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MARYLAND CASUALTY COMPANY v. EMERY

Civ. Nos. 563-53, 983-53.

163 F.Supp. 657 (1958)

MARYLAND CASUALTY COMPANY, a corporation of the State of Maryland, Plaintiff, v. Edward EMERY et al., Defendants. MARYLAND CASUALTY COMPANY, a corporation of the State of Maryland, Plaintiff, v. John EMERY et al., Defendants.

United States District Court D. New Jersey.

July 25, 1958.

Attorney(s) appearing for the Case

Edward E. Kuebler, Newark, N. J., for plaintiff.

Arthur C. Gillette, Newark, N. J., for defendants Quellmalz and Rea.

Louis Winer, Morristown, N. J., for defendants Edward & John Emery and Eugene Wolf

WILLIAM F. SMITH, District Judge.

These are civil actions under the Declaratory Judgments Act, 28 U.S.C.A. § 2201. The jurisdiction of the Court is founded upon diversity of citizenship. The plaintiff, an insurer, seeks a judgment declaratory of the rights and liabilities of the respective parties under a policy of insurance issued to one of the defendants, Edward Emery. The cases were tried by the Court on a stipulation of facts and additional evidence offered...

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