WHITAKER v. COLEMAN

Nos. 9443, 9444.

115 F.2d 305 (1940)

WHITAKER v. COLEMAN. SAME v. ÆTNA CASUALTY & SURETY CO.

Circuit Court of Appeals, Fifth Circuit.

November 6, 1940.


Attorney(s) appearing for the Case

William C. Sugg, of Nashville, Tenn., for appellant.

C. L. Watts and Addison White, both of Huntsville, Ala., for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HUTCHESON, Circuit Judge.

The first of the above numbered causes was a suit brought against the owner and the driver of an automobile for death damages. The second was a suit for declaratory judgment, that it was not liable as insurer, brought by the insurer on a policy covering the owner as named insured and "any person while using the automobile * * * with the permission of the named insured." Appellant was plaintiff in the first, defendant in the second, of the...

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