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BOOKER T. WASHINGTON INS. CO. v. TRANSCONTINENTAL INS. CO.

Civ. A. Nos. 64-502, 64-503.

263 F.Supp. 1005 (1966)

BOOKER T. WASHINGTON INSURANCE COMPANY, Inc., a corporation, Plaintiff, v. TRANSCONTINENTAL INSURANCE COMPANY, a corporation, Defendant. BOOKER T. WASHINGTON INSURANCE COMPANY, Inc., a corporation, Plaintiff, v. The MONARCH INSURANCE COMPANY OF OHIO, a corporation, Defendant.

United States District Court N. D. Alabama, S. D.

October 19, 1966.

Attorney(s) appearing for the Case

William H. Cole, Jenkins & Cole, Birmingham, Ala., for plaintiff.

Spain, Gillon & Young, Ralph B. Tate, Ollie Blan, Jr., Birmingham, Ala., and William W. Cowan, of Kilpatrick, Cody, Rogers, McClatchey & Regenstein, Atlanta, Ga., for Fidelity Fire Ins. Co., M. Lafayette Harris and Citizens Trust Co.

Russell, Raymon & Russell, Tuskegee, Ala., and Maurice F. Bishop, of Bishop & Carlton, Birmingham, Ala., for American Employers Ins. Co.

Silberman, Silberman & Loeb, Charles E. Clark, Birmingham, Ala., for Hobart Mfg. Co.

Bradley, Arant, Rose & White and Thad G. Long, Birmingham, Ala., for Alabama Gas Corp.

Gray & Seay and Fred D. Gray, Montgomery, Ala., for ABC Supermarket, Inc., Bulls Realty Co., Inc., A. C. Bulls, and others.

Macon L. Weaver, U. S. Atty., E. Ray Acton, Asst. U. S. Atty., Birmingham, Ala., for intervenor, United States.

Sadler, Sadler, Sullivan & Sharp and William J. Sullivan, Jr., Birmingham, Ala., for defendants.

MEMORANDUM OPINION

LYNNE, Chief Judge.

For the convenience of the parties and in the interest of justice, these actions, involving common questions of law and fact, are consolidated for purpose of trial only.

The issues raised by the original complaints and the answers thereto having been adjudicated by order of the court herein on the 9th day of February, 1965, these actions were submitted for final judgment of the court upon the respective cross...

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