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PRILLAMAN v. CENTURY INDEMNITY CO. OF HARTFORD, CONN.

No. 5102.

138 F.2d 821 (1943)

PRILLAMAN v. CENTURY INDEMNITY CO. OF HARTFORD, CONN.

Circuit Court of Appeals, Fourth Circuit.

November 8, 1943.

Attorney(s) appearing for the Case

Moss A. Plunkett, of Roanoke, Va. (B. A. Davis, Jr., of Rocky Mount, Va., on the brief), for appellant.

Aubrey R. Bowles, Jr., of Richmond, Va. (Bowles, Anderson & Boyd, of Richmond, Va., and Showalter, Parsons, Kuyk & Staples, of Roanoke, Va., on the brief), for appellee.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

SOPER, Circuit Judge.

Five days after the automobile insurance policy in suit was surrendered by the insured, in accordance with an agreement of cancellation, the car was involved in an accident in which the appellant's decedent was killed. After the accident a suit was entered by the appellant and a judgment of $10,000 was recovered by him against the person who was in control of the car at the time of the accident with the permission of the insured. The pending...

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