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LOUDERMILK v. FIDELITY & CASUALTY CO. OF NEW YORK

No. 14034.

199 F.2d 561 (1952)

LOUDERMILK et al. v. FIDELITY & CASUALTY CO. OF NEW YORK.

United States Court of Appeals Fifth Circuit.

November 7, 1952.

Attorney(s) appearing for the Case

G. Seals Aiken, Atlanta, Ga., Thos. J. Brown, Jr., McDonough, Ga., for appellants.

T. Reese Watkins and John B. Harris, Jr., Macon, Ga., for appellee.

Before HUTCHESON, Chief Judge, and HOLMES and RUSSELL, Circuit Judges.

HUTCHESON, Chief Judge.

Brought against Opal Tingle, the named insured in an automobile policy, No. VF 1, 001, 176, plaintiff had issued, and Horace Tingle, the driver of the car, and against Mrs. Loudermilk and Mrs. Brooks, who had sued the Tingles for collision damages, the suit was for a declaration of its rights and obligations with respect to the policy.

The claim in general1 was that the collision

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