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INS. CO. OF ST. OF PA. v. LUMBERMENS M. CAS. CO.

405 Pa. 613 (1962)

Insurance Company of the State of Pennsylvania v. Lumbermens Mutual Casualty Company, Appellant.

Supreme Court of Pennsylvania.

January 17, 1962.

Attorney(s) appearing for the Case

Lynn L. Detweiler, with him Swartz, Campbell & Henry, for appellant.

James M. Marsh, with him LaBrum and Doak, for appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.

OPINION BY MR. CHIEF JUSTICE BELL, January 17, 1962:

This is an appeal from an order of the lower Court which dismissed defendant's preliminary objections to a petition for a Declaratory Judgment.

The pertinent facts, as set forth in the petition for a Declaratory Judgment and admitted by defendant's preliminary objections, are as follows: On February 1, 1960, the plaintiff issued its policy of insurance to James J. Dykes, covering a 1956 Plymouth station...

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