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WALTERS v. DUNLAP

Misc. No. 3714; Civ. No. 63-423.

250 F.Supp. 76 (1966)

Laura Ellen WALTERS, Administratrix for the Estate of Thomas Thorpe, Deceased, and Jean McNatt, Administratrix for the Estate of Elna McNatt Thorpe, Deceased, Plaintiffs, v. Robert Lee DUNLAP, Stanley S. Grimm, and the Midwest Emery Freight Systems, Inc., an Illinois corporation, Defendants, and All-State Insurance Company, Skokie, Illinois, and Security Mutual Casualty Company, Chicago, Illinois, Garnishees.

United States District Court W. D. Pennsylvania.

January 27, 1966.

Attorney(s) appearing for the Case

Thomas P. Ruane, Jr., Uniontown, Pa., for plaintiffs.

Philip Baskin, of Baskin, Boreman, Sachs & Craig, Pittsburgh, Pa., for Security Mut. Cas. Co.

William Walker, of Dickie, McCamey & Chilcote, Pittburgh, Pa., for All-State Ins. Co.

MARSH, District Judge.

This litigation is concerned with the respective obligations of two insurance companies under their automobile liability insurance policies. The problem arises from a jury trial at which the following facts were established.

On or about December 20, 1962, Midwest Emery Freight Systems, Inc. (Midwest) leased a tractor-trailer (truck) from Stanley S. Grimm, together with a driver, Robert Lee Dunlap, who was a regular employee of Grimm...

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