District Court, W.D. Michigan October 24, 1956, Civ. A. No. 2619 (American Fidelity & Casualty Co. v. Priebe)

KENT, District Judge.

In this action plaintiff seeks indemnity for monies paid by plaintiff and/or plaintiff’s assignor, Holland Motor Express Inc., in settlement of a prior action in which this defendant, plaintiff’s assignor and Donald W. Waits were defendants.

The prior action in the Circuit Court for the County of Berrien, Michigan, was entitled Myrtle Barricklow, plaintiff, v. Donald W.