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ALLSTATE INSURANCE COMPANY v. PHILIP LEASING COMPANY

Civ. No. 842.

214 F.Supp. 273 (1963)

ALLSTATE INSURANCE COMPANY, a Corporation, Plaintiff, v. PHILIP LEASING COMPANY, a Corporation, Philip Motor Company, a Corporation, Ford Motor Company, a Corporation, General Motors Corporation, a Corporation, Employers Liability Assurance Corporation, a Corporation, Northwestern Engineering Company, a Corporation, Defendants.

United States District Court D. South Dakota, W. D.

As Amended March 27, 1963.

Attorney(s) appearing for the Case

Donald R. Shultz and Horace R. Jackson, of Whiting, Lynn, Freiberg & Shultz, Rapid City, S. D., for plaintiff.

Graves & Lehnert, Rapid City, S. D., for Philip Leasing Co.

Martens, Goldsmith, May & Porter, Pierre, S. D., Warran May, Pierre, S. D., for Philip Motor Co.

Hanley, Costello & Porter, Rapid City, S. D., J. M. Costello, Rapid City, S. D., for Ford Motor Co.

Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., Ellsworth Evans, Sioux Falls, S. D., for General Motors Co.

Bangs, McCullen, Butler & Foye, Rapid City, S. D., with Mr. Thomas H. Foye and Thomas E. Simmons, Rapid City, S. D., for Employers Liability Assurance Co. and Northwestern Engineering Co.

BECK, District Judge.

This is an action in which Allstate under Section 2201, Title 28 U.S.C.A., is seeking a declaration, that it is neither obligated to defend Philip Leasing Company in another action in this court entitled, John Lohner v. Philip Leasing Company1 et al., Civil No. 368 C.D., nor to pay any judgment against it which might be entered in the course of that trial.

Basically, it is Allstate's position, according to...

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