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McDONALD v. GREAT AMERICAN INSURANCE COMPANY

Civ. A. No. 3035.

224 F.Supp. 369 (1963)

Forrest McDONALD, Plaintiff, v. GREAT AMERICAN INSURANCE COMPANY and The Aetna Casualty and Surety Company, Defendants.

United States District Court D. Rhode Island.

November 15, 1963.

Attorney(s) appearing for the Case

Gunning & LaFazia, Zietz, Sonkin & Radin, Providence, R. I., Bruce M. Selya, Albert B. West, James Radin, Providence, R. I., of counsel, for plaintiff.

Hinckley, Allen, Salisbury & Parsons, Providence, R. I., Guy J. Wells, Jacques V. Hopkins, Peter Alegi, Providence, R. I., of counsel, for Ætna Casualty & Surety Co.

Higgins & Slattery, Providence, R. I., Eugene V. Higgins, William C. Dorgan, Providence, R. I., of counsel, for Great American Ins. Co.

DAY, District Judge.

In this action the plaintiff seeks a declaratory judgment against each of the defendants under the provisions of Title 28 U.S.C.A. § 2201 et seq. Jurisdiction is based upon diversity of citizenship and the existence of a controversy in the requisite amount.

Plaintiff seeks a declaratory judgment that each of the defendants is obligated under a certain policy of insurance issued by it, as will hereinafter be set forth, to defend the...

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