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FARM BUREAU MUT. AUTO. INS. CO. v. SMOOT

No. 1098.

95 F.Supp. 600 (1950)

FARM BUREAU MUT. AUTO. INS. CO. v. SMOOT et al.

United States District Court S. D. West Virginia.

November 22, 1950.

Attorney(s) appearing for the Case

Kay, Casto & Amos, Robert H. C. Kay, and Edward H. Tiley, Jr., all of Charleston, W. Va., for plaintiff.

Kenneth K. Hall, Madison, W. Va., Salisbury, Hackney & Lopinsky, and John G. Hackney, all of Charleston, W. Va., for defendants.

BEN MOORE, Chief Judge.

The plaintiff in this action for a declaratory judgment is the insurer in a policy of automobile insurance issued to "James F. Smoot or Dennie Smoot," covering a Kaiser automobile. On March 6, 1950, James F. Smoot was driving this car, in which Dennie Ray Smoot and Ray Smoot were riding. An accident occurred involving the Kaiser car and another automobile. James F. Smoot was killed and Dennie Ray...

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