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UNIVERSAL AUTOMOBILE INS. CO. v. BENOIT

No. 6886.

67 F.2d 52 (1933)

UNIVERSAL AUTOMOBILE INS. CO. v. BENOIT.

Circuit Court of Appeals, Ninth Circuit.

September 16, 1933.

Attorney(s) appearing for the Case

C. H. Young and Moore & Shimmel, all of Phœnix, Ariz., for appellant.

James E. Nelson and Geo. T. Wilson, both of Phœnix, Ariz., for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NORCROSS, District Judge.

NORCROSS, District Judge.

This case was submitted to the lower court upon an agreed statement of facts which sets forth that the appellant company issued a policy of insurance to James P. Lutfy on an automobile owned by him; that said person gave his express consent to his brother William P. Lutfy to drive his car, and, while William was so operating the machine, he injured appellee; that at the time of the accident William had neither a permanent nor temporary operator...

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