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STATE AUTOMOBILE MUT. INS. CO. v. YORK

No. 4441.

104 F.2d 730 (1939)

STATE AUTOMOBILE MUT. INS. CO. OF COLUMBUS, OHIO, v. YORK et al.

Circuit Court of Appeals, Fourth Circuit.

June 14, 1939.

Attorney(s) appearing for the Case

Murray Allen, of Raleigh, N. C., for appellant.

Kenneth C. Royall and Charles U. Harris, both of Raleigh, N. C., for appellee Mabel A. York.

J. C. Little, of Raleigh, N. C. (P. H. Wilson, of Raleigh, N. C., on the brief), for appellee C. V. York.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal in an action brought to recover on a liability insurance policy. Prior to instituting this action, the plaintiff, Mabel A. York, had recovered judgment against her husband, C. V. York, hereafter referred to as the insured, for the sum of $12,000 as damages on account of injuries sustained in an automobile accident. This judgment had been affirmed on appeal by the Supreme Court of North Carolina. York v. York, 212 N.C. 695,...

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