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OHIO CASUALTY INSURANCE COMPANY v. HEANEY

No. 60 C 1955.

229 F.Supp. 30 (1964)

The OHIO CASUALTY INSURANCE COMPANY, an Ohio corporation, Plaintiff, v. Ida Lee HEANEY, Administratrix of the Estate of Warren E. Heaney, Deceased, Richard W. Hooker, Lyman J. Smith, William Greene, and Jack R. Dinsmore, Trustee, Defendants.

United States District Court N. D. Illinois, E. D.

May 6, 1964.

Attorney(s) appearing for the Case

E. Douglas Schwantes, of Berchem, Schwantes & Thuma, Chicago, Ill., for plaintiff, The Ohio Casualty Insurance Company.

J. Norman Goddess, Chicago, Ill., for defendant Ida Lee Heaney.

Richard G. Finn and Marshall E. LeSueur, Chicago, Ill., for defendants Richard W. Hooker, Lyman J. Smith and William Greene.

Lester B. Marshall, Chicago, Ill., for defendant Jack R. Dinsmore.

ROBSON, District Judge.

Plaintiff seeks a declaratory judgment of its nonliability under a policy of insurance of an aircraft which crashed in Lake County, Illinois, on May 2, 1959, causing the death of the pilot and injuries to three others. The pilot's administratrix and the injured passengers are named herein as defendants, as well as the insured, the owner of the craft.

The basis of the plaintiff's assertion of noncoverage is that the pilot was not at...

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