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AETNA INSURANCE COMPANY v. NEWTON

Civ. A. No. 3024.

274 F.Supp. 566 (1967)

AETNA INSURANCE COMPANY, Plaintiff, v. Lester C. NEWTON, Lester C. Newton Trucking Company, C. F. Schwartz, Inc. and Continental Insurance Company, Defendants.

United States District Court D. Delaware.

October 4, 1967.

Attorney(s) appearing for the Case

Roger Sanders, Prickett, Ward, Burt & Sanders, Wilmington, Del., for plaintiff.

H. James Conaway, Jr., Young, Conaway, Stargatt & Taylor, Wilmington, Del., for defendants, Lester C. Newton and Lester C. Newton Trucking Co.

Harold Schmittinger, Schmittinger & Rodriguez, Dover, Del., for defendant C. F. Schwartz, Inc.

James L. Latchum, Berl, Potter & Anderson, Wilmington, Del., for defendant Continental Ins. Co.

OPINION

STEEL, District Judge:

This action was brought by Aetna Insurance Company ("Aetna") against Lester C. Newton, Lester C. Newton Trucking Company (together referred to as "Newton"),1 C. F. Schwartz, Inc. ("Schwartz"), and Continental Insurance Company ("Continental"). The litigation arises out of damage to commodities being transported from Salisbury, Maryland to Pennsylvania by Newton and Schwartz, two common motor freight...

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