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FIDELITY & CASUALTY COMPANY OF NEW YORK v. FRAZIER

Civ. No. 421.

193 F.Supp. 443 (1961)

FIDELITY & CASUALTY COMPANY OF NEW YORK, Plaintiff, v. Worth Wray FRAZIER, Jr., d/b/a Wray Frazier Motor Company, Benjamin Glenn Fulbright, Silas Benjamin Fulbright, Shelby Mutual Insurance Company, Romeo Griffin Murray and Hazel Harris Murray, Defendants.

United States District Court W. D. North Carolina, Statesville Division.

April 14, 1961.

Attorney(s) appearing for the Case

Patrick, Harper & Dixon, Hickory, N. C., for plaintiff.

Corne & Warlick, Newton, N. C., for defendant, Worth Wray Frazier, Jr. d/b/a Wray Frazier Motor Co.

Sigmon & Sigmon, Newton, N. C., for defendants, Benjamin Glenn and Silas Benjamin Fulbright.

Carpenter, Webb & Golding, Charlotte, N. C., for defendant, Shelby Mut. Ins. Co.

Leonard Lowe, Forest City, N. C., for defendants Romeo Griffin Murray and Hazel Harris Murray.

WARLICK, District Judge.

This is an action instituted by plaintiff, The Fidelity and Casualty Company of New York, seeking a Declaratory Judgment under Rule 57 of the Federal Rules of Civil Procedure, 28 U.S.C., and section 2201, Title 28, U.S.C., to determine who in fact among the defendants was the owner of a certain motor vehicle which was involved in a collision on January 31, 1960, and out of which accident certain civil actions have been filed in the Superior...

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