Francis O. Fisher and Charles S. Fisher v. Firemen's Fund Indemnity Company

LEWIS, Circuit Judge.

In an action authorized by Sec. 2201 of Title 28, U.S.C., plaintiff-appellee, noted hereafter as the insurance company, sought a declaratory judgment decreeing the insurance company not obligated under a policy of automobile liability insurance for claims made by appellants against one Rumpf. The facts giving rise to the controversy have been stipulated.

During December, 1954, the insurance company had in effect a policy of automobile liability insurance covering a pickup truck owned by a partnership consisting of Paul Slagel and Porter Alcorn and designating them as the…