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BERNSTEIN v. NATIONWIDE MUTUAL INSURANCE COMPANY

Nos. 14949-14951.

458 F.2d 506 (1972)

Leo BERNSTEIN, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY et al., Appellees. NATIONWIDE MUTUAL INSURANCE Company, Appellant, v. Roy Austin STEPHENS et al., Appellees. Roy Austin STEPHENS, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY et al., Appellees.

United States Court of Appeals, Fourth Circuit.

April 24, 1972.

Attorney(s) appearing for the Case

Noel H. Thompson, Arlington, Va. (Charles S. Vizzini, Washington, D. C., on brief), for appellant in No. 14,949 and for appellee in Nos. 14,950 and 14,951.

S. J. Thompson, Jr., Lynchburg, Va., for appellant in No. 14,950 and for appellees in Nos. 14,949 and 14,951.

Alvin D. Edelson, Charlottesville, Va., for appellant in No. 14,951.

ORDER

The court having granted rehearing in banc, and the opinions of the panel heretofore filed having been withdrawn, the order of the lower court, 313 F.Supp. 890, is affirmed by an equally divided court.

ALBERT V. BRYAN, Circuit Judge:

Severe injuries were suffered by Leo Bernstein on December 2, 1967 in a collision in the District of Columbia involving a 1964 Ford pick-up truck driven by Roy Stephens. Nationwide...

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