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GREAT AM. INS. CO. v. ST. FARM MUT. A. INS. CO.

412 Pa. 538 (1963)

Great American Insurance Company, Appellant, v. State Farm Mutual Automobile Insurance Company.

Supreme Court of Pennsylvania.

November 12, 1963.

Attorney(s) appearing for the Case

Donald W. Bebenek, with him Meyer, Darragh, Buckler, Bebenek & Eck, for appellant.

Thomas F. Weis, with him Weis & Weis, for insurance company, appellee.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN, O'BRIEN and ROBERTS, JJ.

OPINION BY MR. JUSTICE O'BRIEN, November 12, 1963:

Appellant, Great American Insurance Company, filed a petition for declaratory judgment. Appellee, The State Farm Mutual Automobile Insurance Company, filed an answer. The parties then submitted the case to the court below upon an agreement of facts stipulated as follows:

"(1) That on September 19, 1959, Robert D. Stauffer, Sr., Mary Ann I. Stauffer, Robert D. Stauffer, Jr., resided at 3109 Crab Hollow Road...

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