Indemnity Insurance Company of North America, Plaintiff-appellant, v. Town of Milford and John E. Philo, Defendants-appellees, 218 F.2d 602 (2d Cir. 1954)

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US Court of Appeals for the Second Circuit - 218 F.2d 602 (2d Cir. 1954) Argued December 7, 1954
Decided December 31, 1954

Appeal from the United States District Court for the District of Connecticut; J. Joseph Smith, Judge.

Plaintiff, Indemnity Insurance Company of North America, appeals from a dismissal on the merits of its action seeking a declaratory judgment and reformation of its insurance contract with the Town of Milford, on the ground of alleged mutual mistake in failing to exclude liability for injuries to voluntary firemen of the town.

Morris Tyler, New Haven, Conn. (John H. Filer and Gumbart, Corbin, Tyler & Cooper, New Haven, Conn., on the brief), for plaintiff-appellant.

Richard H. Lynch, Milford, Conn., for defendants-appellees.

Before CLARK, Chief Judge, and MEDINA and HARLAN, Circuit Judges.


Judgment affirmed on the opinion of District Judge Smith, 127 F. Supp. 394.