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NATIONWIDE INSURANCE COMPANY v. HILL

Civ. A. No. 68-C-95-R.

307 F.Supp. 801 (1969)

NATIONWIDE INSURANCE COMPANY, Plaintiff, v. Joseph HILL, Sr., Joseph Stephen Hill, an infant, Cleveland Kyle Quesenberry, State Farm Mutual Automobile Insurance Company, and Aetna Casualty and Surety Co., Defendants.

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

October 16, 1969.

Attorney(s) appearing for the Case

G. Marshall Mundy, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., for plaintiff Nationwide.

Kenneth I. Devore, Christiansburg, Va., for Joseph Hill, Sr.

Duane E. Mink, Spiers, Spiers & Mink, Radford, Va., for Joseph Hill, infant.

Jerry H. Geisler, Hillsville, Va., for Cleveland Quesenberry.

Stuart B. Campbell, Jr., Campbell & Campbell, Wytheville, Va., for State Farm.

W. H. Jolly, Kime, Jolly & Clemens, Salem, Va., for Aetna Casualty.

OPINION AND JUDGMENT

DALTON, Chief Judge.

On July 15, 1967, at approximately 10:30 p. m., Cleveland Kyle Quesenberry was attending a "Demolition Derby" near Hillsville, in Carroll County, Virginia, at a place known as the Hillsville Speedway. At that time and place, the defendant, Joseph Stephen Hill (hereafter referred to as Hill, Jr.) was a participant in the Demolition Derby. While standing in the spectator...

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