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TRAVELERS INDEM. CO. v. ERIE INS. EXCH.

Civ. A. No. 80-185 Erie.

510 F.Supp. 261 (1981)

TRAVELERS INDEMNITY COMPANY, Plaintiff, v. ERIE INSURANCE EXCHANGE and Allstate Insurance Company, Defendants.

United States District Court, W. D. Pennsylvania.

April 1, 1981.

Attorney(s) appearing for the Case

James D. McDonald, Jr., Erie, Pa., for Travelers.

T. Warren Jones, Erie, Pa., for Erie Insurance Exchange.

Michael Burns, Pittsburgh, Pa., for Allstate Ins. Co.

OPINION

WEBER, Chief Judge.

This action for declaratory judgment was brought by plaintiff to determine the potential excess coverage of the defendants named in this suit.

One Randy Niemeyer was the owner and operator of a 1974 Dodge Charger automobile that was involved in a two car collision which resulted in the death of his passenger, Kenneth A. Kinnear. A wrongful death and survival action was brought in the Court of Common Pleas by Cathy Kinnear...

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