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CLAUSS v. AMERICAN INSURANCE COMPANY

Civ. A. No. 26076.

183 F.Supp. 443 (1960)

Felix CLAUSS, Jr., Thomas F. Clauss and Anna M. Clauss, t/a Felix Clauss and Sons v. AMERICAN INSURANCE COMPANY, Defendant and Third-Party Plaintiff v. Paul RUMER and City of Philadelphia, Third-Party Defendants.

United States District Court E. D. Pennsylvania.

April 29, 1960.

Attorney(s) appearing for the Case

Henry J. Morgan, Blank, Rudenko, Klaus & Rome, Philadelphia, Pa., for plaintiffs.

Thomas Raeburn White, Jr., White & Williams, Philadelphia, Pa., for defendant American Insurance Company.

Milford J. Meyer, Meyer, Lasch, Hankin & Poul, Philadelphia, Pa., for Paul Rumer, third-party defendant.

David Berger, City Sol., Vincent C. Veldorale, Asst. City Sol., Philadelphia, Pa., for City of Philadelphia, third, party defendant.

EGAN, District Judge.

Plaintiffs are suing under the Declaratory Judgment Act, 28 U.S.C. § 2201, to determine whether the defendant is bound, by either or both of two insurance policies issued by it to the plaintiffs, to defend the plaintiffs in two law suits brought against them in the Philadelphia Common Pleas Courts.

The plaintiffs do business as a partnership engaged in excavation, highway, and sewer construction...

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