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FARM BUREAU MUT. AUTOMOBILE INS. CO. v. HAMMER

No. 5887.

177 F.2d 793 (1949)

FARM BUREAU MUT. AUTOMOBILE INS. CO. v. HAMMER et al.

United States Court of Appeals Fourth Circuit.

Decided October 3, 1949.

Attorney(s) appearing for the Case

Robert Lewis Young, Richmond, Va., and Wayt B. Timberlake, Jr., Stanton, Va. (John G. May, Jr., Richmond, Va., on the brief), for appellant.

H. G. Muntzing, Moorefield, W. Va., and Glenn W. Ruebush, Harrisonburg, Va. (Seybert Beverage, Monterey, Va., and Paul J. Hartman, Wake Forest, N. C., on the brief), for appellees.

Before PARKER, Chief Judge, SOPER, Circuit Judge, and CHESNUT, District Judge.

SOPER, Circuit Judge.

Farm Bureau Mutual Automobile Insurance Company seeks a declaratory judgment that a policy of automobile insurance issued by it to Marvin L. Wagner does not cover the damages suffered by five persons who were killed or injured on April 19, 1947 in a collision between Wagner's automobile truck and a passenger automobile in which they were riding, because Wagner intentionally caused the collision. The complaint shows, and it is not denied, that...

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