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COSMOPOLITAN MUTUAL INSURANCE COMPANY v. WHITE

Civ. A. No. 3887.

336 F.Supp. 92 (1972)

COSMOPOLITAN MUTUAL INSURANCE COMPANY, a corporation of the State of New York, Plaintiff, v. John H. WHITE et al., Defendants, v. S. & E. McCORMICK, INC., a corporation of the State of Delaware, Defendant on Counterclaim.

United States District Court, D. Delaware.

January 5, 1972.

Attorney(s) appearing for the Case

F. Alton Tybout, and Richard W. Pell, of Tybout, Redfearn & Schnee, Wilmington, Del., for plaintiff and defendant on counterclaim.

Arthur G. Connolly, Jr., of Connolly, Bove & Lodge, Wilmington, Del., Joseph H. Flanzer, Emmett J. Conte, Jr., James J. Horgan, John Biggs, III, and A. James Gallo, Wilmington, Del., of counsel, for defendants.

OPINION

CALEB M. WRIGHT, Chief Judge.

The instant action is a declaratory judgment action in which the parties are seeking to have their respective rights and obligations in a certain contract of insurance adjudicated. Commenced originally by the plaintiff, Cosmopolitan Mutual Insurance Company (Cosmopolitan) in the Delaware Superior Court against the eleven individual defendants,1 the action was subsequently removed to this...

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