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KELLY v. PHOENIX ASSURANCE COMPANY OF NEW YORK

Civ. No. 12279.

225 F.Supp. 562 (1964)

Clarence L. KELLY v. PHOENIX ASSURANCE COMPANY OF NEW YORK, a body corporate.

United States District Court D. Maryland.

January 17, 1964.

Attorney(s) appearing for the Case

Benjamin C. Howard and Robert L. Karwacki, Baltimore, for plaintiff.

F. Gray Goudy and Herbert Burgunder, Jr., Baltimore, for defendant.

THOMSEN, Chief Judge.

This action for a declaratory judgment calls upon the court to decide at this time whether defendant (Phoenix) is obligated to defend plaintiff (Kelly) in an action brought against Kelly in the Superior Court of Baltimore City by his employer, Tomke Aluminum Company, Inc. (Tomke), in which Tomke seeks indemnity from Kelly for damages it has paid Herbert S. Feldman (Feldman) as the result of an accident at Tomke's plant in Baltimore. The contest...

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