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PREFERRED ACC. INS. CO. v. BARKER

No. 7853.

104 F.2d 424 (1939)

PREFERRED ACC. INS. CO. v. BARKER.

Circuit Court of Appeals, Sixth Circuit.

June 9, 1939.

Attorney(s) appearing for the Case

Silas Williams, of Chattanooga, Tenn. (Silas Williams, of Chattanooga, Tenn., and Swafford & Woodlee, of Dayton, Tenn., on the brief), for appellant.

Charles C. Moore, of Chattanooga, Tenn. (P. H. Thach, T. S. Myers, J. B. Sizer, Thach & Thach, and Sizer, Chambliss & Kefauver, all of Chattanooga, Tenn., on the brief), for appellee.

Before SIMONS, HAMILTON, and ARANT, Circuit Judges.

HAMILTON, Circuit Judge.

Upon mutual request for a directed verdict, the lower court rendered a judgment of $11,374.21 for the appellee on an automobile liability insurance policy, from which appellant appeals.

On January 23, 1935, there was in effect a contract of insurance between the appellant, the Preferred Accident Insurance Company, insurer, and Mrs. E. N. Keith, assured, by the terms of which the company agreed to indemnify her in an amount not exceeding...

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