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CHATFIELD v. FARM BUREAU MUT. AUTO. INS. CO.

No. 6626.

208 F.2d 250 (1953)

CHATFIELD et al. v. FARM BUREAU MUT. AUTO. INS. CO.

United States Court of Appeals, Fourth Circuit.

Decided November 10, 1953.

Attorney(s) appearing for the Case

C. Woodrow Teague and Thomas A. Banks, Raleigh, N. C. (Hubert H. Senter, Franklinton, N. C., William Y. Bickett, I. Edward Johnson, Charles W. Barbee, Jr., Grady S. Patterson, Jr., Leon S. Brassfield, Armistead J. Maupin, Robert Ruark, J. C. Moore, Raleigh, N. C., Hill Yarborough and E. F. Yarborough, Louisburg, N. C., on the brief), for appellants.

John H. Anderson, Jr., and Willis Smith, Jr., Raleigh, N. C. (Oscar Leach and J. K. Dorsett, Raleigh, N. C., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

DOBIE, Circuit Judge.

Farm Bureau Mutual Automobile Insurance Company (hereinafter called Insurer) brought a civil action in the United States District Court for the Eastern District of North Carolina, seeking a declaratory judgment as to its liability under an automobile liability insurance policy issued to C. A. Payne, as "named insured," on his 1947 Chevrolet. In this action it was necessary to determine whether or not the "actual use" of this automobile, which...

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