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NEW JERSEY FIDELITY & PLATE GLASS CO. v. McGILLIS

No. 244.

42 F.2d 789 (1930)

NEW JERSEY FIDELITY & PLATE GLASS INS. CO. v. McGILLIS.

Circuit Court of Appeals, Tenth Circuit.

September 2, 1930.

Attorney(s) appearing for the Case

H. A. Rich, of Salt Lake City, Utah (J. R. Thomas and S. A. Dahlquist, both of Salt Lake City, Utah, on the brief), for appellant.

E. A. Rogers, of Salt Lake City, Utah (Allen T. Sanford, of Salt Lake City, Utah, on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

LEWIS, Circuit Judge.

Charles W. McGillis and wife and Joe Goldstein and wife, all of Salt Lake City, went on an automobile trip to the northwest in Mr. McGillis' car, the two latter being guests of the two first named. McGillis drove the car about two-thirds of the time, and at his request Mr. Goldstein would now and then take the wheel and relieve him. While Goldstein was driving at McGillis' request in the late evening on the return trip, the car, then traveling...

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