Pennsylvania Casualty Co. v. Upchurch

HOLMES, Circuit Judge.

This action was filed by appellant under the Federal Declaratory Judgments Act, Sec. 274d of the Judicial Code, 28 U.S.C.A. § 400. In its complaint the appellant sought exoneration from liability for personal injuries and damage to property caused by the collision of a truck and passenger automobile. It alleged an actual controversy over the force and effect of a certain agreement for insurance, known as a binder, issued by it to J. Paul Upchurch, one of the appellees. Another insurance company, brought in as a third party defendant, was exonerated from all liability by…