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UNITED STATES FIDELITY AND GUARANTY CO. v. DRINKARD

Civ. A. No. 65-C-67-A.

254 F.Supp. 867 (1966)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff, v. Dan DRINKARD, Jr., Administrator of the Estate of Dan Drinkard, III, Deceased, J. Nelson Ingoldsby, Administrator of the Estate of Carole Perkins, Deceased, and Billy Roy Simpson, Defendants, and New York Underwriters Insurance Company, Intervener.

United States District Court W. D. Virginia, Abingdon Division.

June 8, 1966.

Attorney(s) appearing for the Case

Donald T. Stant, Stant & Roberts, Bristol, Va., for U. S. Fidelity & Guaranty Co.

George M. Warren, Jr., Bristol, Va., for Dan Drinkard, Jr., and J. Nelson Ingoldsby.

H. Emory Widener, Jr., Widener, Widener & Frackelton, Bristol, Va., for Billy Roy Simpson.

Andrew P. Miller, Penn, Stuart & Miller, Abingdon, Va., for New York Underwriters Ins. Co.

OPINION

DALTON, Chief Judge.

On April 16, 1965, in Sullivan County, Tennessee, Dan Drinkard, III and Carole Perkins, both college students, were killed in an automobile accident while riding as passengers in an automobile driven by Dennis Malone. Suit was instituted and is now pending in the Corporation Court of Bristol, Virginia by the Administrator of the estate of each of the deceased persons against Malone, Ron A. Henard, Kathy Henard, his daughter,...

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