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NEW CENTURY CASUALTY CO. v. CHASE

Civ. A. No. 148.

39 F.Supp. 768 (1941)

NEW CENTURY CASUALTY CO. v. CHASE et al.

District Court, S. D. West Virginia.

July 10, 1941.

Attorney(s) appearing for the Case

Wilbert H. Norton, of Huntington, W. Va., for plaintiff.

Musgrave & Blessing, of Point Pleasant, W. Va., for defendants Winnie Chase, adm'x of estate of John J. Chase, deceased, and W. W. Rowsey, Sheriff of Mason County, W. Va., and as such adm'r of estate of Edward S. Chase, deceased.

Jackson G. F. Johnson, of Point Pleasant, W. Va., for L. L. McClure, guardian ad litem of Helen Diddle, an infant.

HARRY E. WATKINS, District Judge.

Plaintiff seeks a declaratory judgment that a certain automobile liability insurance policy issued by it to John J. Chase was not in effect at the date of accident in which one person was killed and two others were injured. Defendants answered, and plaintiff then moved for summary judgment. The case has been submitted to me for decision upon the pleadings, plaintiff's depositions, and an agreed statement of facts.

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