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EMICK v. DAIRYLAND INSURANCE COMPANY

Civ. A. No. 74-C-14-R.

389 F.Supp. 1025 (1974)

Dudley J. EMICK, Jr., Administrator of the Estate of Jack Wesley Minnich, et al., Plaintiffs, v. DAIRYLAND INSURANCE COMPANY and Middlesex Mutual Insurance Company, Defendants.

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

October 31, 1974.

Attorney(s) appearing for the Case

James M. Roe, Dudley J. Emick, Jr., Carter, Roe, Emick & Honts, Fincastle, Va., T. T. Lawson, Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., for plaintiffs.

Frank N. Cowan, Gordon, Cowan, Garner & Dodson, Richmond, Va., for Dairyland.

S. D. Roberts Moore, Gentry, Locke, Rakes & Moore, Roanoke, Va., for Middlesex.

OPINION and JUDGMENT

DALTON, District Judge.

This case involves the liability of two insurance companies for injuries to plaintiff-administrator's deceased resulting from an automobile accident on May 11, 1973 in Roanoke County, Virginia. That accident claimed the lives of Jack Wesley Minnich and David Allen Ashwell. The accident occurred when the car driven by Ashwell at a speed in excess of 90 miles per hour skidded out of control, jumped a raised median...

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