FERTICK v. CONTINENTAL CASUALTY COMPANY

No. 16123.

351 F.2d 108 (1965)

Harry FERTICK and Glens Falls Insurance Company, Plaintiffs-Appellants, v. CONTINENTAL CASUALTY COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

October 8, 1965.


Attorney(s) appearing for the Case

Wirt Courtney, Nashville, Tenn., for appellants, Goodpasture, Carpenter, Woods & Courtney, Wm. F. Carpenter, Nashville, Tenn., on the brief.

Ray H. Moseley, Chattanooga, Tenn., for appellee, Noone, Moseley & Bell, Chattanooga, Tenn., of counsel.

Before WEICK, Chief Judge, and CECIL and PHILLIPS, Circuit Judges.


WEICK, Chief Judge.

This appeal is from an order of the District Court granting defendant's motion for summary judgment and dismissing the complaint.

The action by Fertick and Glens Falls was to recover $22,500 against Continental, which amount was one-half of the sum paid by Glens Falls in settlement of a wrongful death claim against its insured, Fertick, arising out of a collision between two automobiles near Murfreesboro, Tennessee. The suit was brought...

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