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NATIONWIDE MUT. INS. CO. v. STATE FARM MUT. AUTO. INS. CO.

Civ. A. No. 364-E.

209 F.Supp. 83 (1962)

NATIONWIDE MUTUAL INSURANCE COMPANY, a Corporation, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a Corporation, Ronald R. Osbourn, Kenneth D. Ramsey, Stanley Wagner, Individually and as Administrator of the Estate of Wilma Jean Wagner, Deceased, Wanna Mae Hornbeck Beer, as Administratrix of the Estate of Cheryl Hornbeck, Deceased, and as Duly Appointed Guardian of Karen Lynn Hornbeck, an infant, and Karen Lynn Hornbeck, Defendants.

United States District Court N. D. West Virginia.

As Revised on Rehearing October 1, 1962.

Attorney(s) appearing for the Case

Russell L. Furbee, Thomas J. Whyte, (Furbee & Hardesty, Fairmont, W. Va.) and James H. Coleman, Jr., Buckhannon, W. Va., for plaintiff Nationwide Mutual Insurance Company.

Jacob S. Hyer (Hyer, Gibson & Talbott, Elkins, W. Va.), Myron B. Hymes, Gilbert Coonts (Hymes & Coonts, Buckhannon, W. Va.), for defendant State Farm Mutual Automobile Insurance Company.

Bonn Brown, Elkins, W. Va., for defendant, Ronald R. Osbourn.

John A. Cain, Elkins, W. Va., and John A. Mosesso, Philippi, W. Va., for defendant Wanna Mae Hornbeck Beer, as Administratrix and Guardian.

John A. Cain, Elkins, W. Va., for James L. Beer.

L. Baker Fowler, Elkins, W. Va., for defendant Stanley Wagner, Individually and as Administrator.

CHARLES F. PAUL, District Judge.

In this case, the plaintiff, Nationwide, seeks declaratory judgments determining the fact, order and apportionment of coverage of three automobile liability insurance policies with respect to claims of certain of the defendants growing out of an automobile accident which occurred November 9, 1960, in Upshur County, West Virginia.

Karen Lynn Hornbeck, age 17, who lived with her mother, Wanna Mae Hornbeck Beer, and her stepfather...

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