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CANADIAN UNIVERSAL INSURANCE COMPANY v. SIMS

No. C-212-G-63.

235 F.Supp. 476 (1964)

CANADIAN UNIVERSAL INSURANCE COMPANY (formerly Newfoundland American Insurance Company, Limited), Plaintiff, v. John D. SIMS, d/b/a Burlington Stack and Tank Painting Company, and Howard Pegram, Defendants.

United States District Court M. D. North Carolina, Greensboro Division.

November 17, 1964.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter, Greensboro, N. C., for the plaintiff.

J. Owen Lindley and Cahoon & Swisher, Greensboro, N. C., for defendant Howard Pegram.

E. L. Alston, Jr., Greensboro, N. C., for defendant John D. Sims, d/b/a Burlington Stack and Tank Painting Co.

GORDON, District Judge.

This action is brought under the provisions of 28 U.S.C. § 2201 and § 2202 for a declaratory judgment. The sole question involved herein is whether the defendant Howard Pegram, was at the time of his alleged injury on February 16, 1963, an employee of the defendant John D. Sims, d/b/a Burlington Stack and Tank Painting Company, within the purview of the following clause in the insurance policy which had been issued by the plaintiff...

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