Aetna Insurance Company, a Corporation Incorporated Under the Laws of the State of Connecticut v. Lester C. Newton Appeal of C. F. Schwartz, Inc

OPINION OF THE COURT

SEITZ, Chief Judge.

The facts precipitating this appeal are extensively set forth in Aetna Ins. Co. v. Newton, 398 F.2d 729 (3d Cir. 1968).

Aetna Insurance Company (Aetna), as insurer for the Lester C. Newton Trucking Co. (Newton) filed a complaint seeking a declaratory judgment that C. F. Schwartz, Inc. (Schwartz) or its insurer Continental Insurance Company (Continental) was liable for amounts paid by Aetna to the Campbell Soup Company as reimbursement for damage to Campbell’s property occurring while in transit. The shipment initiated with Schwartz and was transported…