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AMERICAN FIDELITY & CASUALTY CO. v. INDEMNITY INS. CO.

No. 2419.

195 F.Supp. 648 (1961)

AMERICAN FIDELITY & CASUALTY COMPANY, Inc., Plaintiff v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA and John W. Brummett and Farm Bureau Cooperative Association, Inc., Defendants.

United States District Court S. D. Ohio, W. D.

June 2, 1961.

Attorney(s) appearing for the Case

F. Thomas Green, Pickrel, Schaeffer & Ebeling, Dayton, Ohio, for plaintiff American Fidelity & Casualty Co.

John O. Henry, Estabrook, Finn & McKee, Dayton, Ohio, for defendant Indemnity Ins. Co. of North America.

Cowden, Pfarrer & Crew & Becker, Dayton, Ohio, for defendant John Brummett.

Estabrook, Finn & McKee, Dayton, Ohio, for defendant Farm Bureau Cooperative Ass'n, Inc.

Scott M. Knisley and Jack R. Alton, Columbus, Ohio, for defendant Carl Candler.

WEINMAN, District Judge.

In this proceeding, the plaintiff, American Fidelity & Casualty Company, Inc., seeks a declaration of its rights and obligations with respect to a retrospective national standard automobile liability policy issued to Stillpass Transit Company. The issues were joined and the matter was submitted to the Court upon stipulations of fact, depositions, oral arguments and briefs of counsel. The issues before the Court are as follows:

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