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AETNA INSURANCE COMPANY v. NEWTON

Civ. A. No. 3024.

315 F.Supp. 860 (1970)

AETNA INSURANCE COMPANY, etc., Plaintiff, v. Lester C. NEWTON et al., Defendants.

United States District Court, D. Delaware.

As Modified August 6, 1970.

Attorney(s) appearing for the Case

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

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

E. D. Griffenberg, Jr., Potter, Anderson & Corroon, Wilmington, Del., for defendant Continental Insurance Co.

FACTS

STEEL, District Judge:

This is a declaratory judgment action in which Aetna Insurance Company ("Aetna"), the plaintiff, has sought a determination of the respective rights and liabilities of two trucking companies and their cargo insurance carriers resulting from damage to a shipment of frozen food.

Defendants C. F. Schwartz, Inc. ("Schwartz") and Lester C. Newton Trucking Company ("Newton") were motor carriers operating under Certificates...

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