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WHEAT v. FIDELITY & CASUALTY CO. OF NEW YORK

Nos. 16748, 16749.

261 P.2d 493 (1953)

128 Colo. 236

WHEAT et al. v. FIDELITY & CASUALTY CO. OF NEW YORK. WHEAT v. DELAHAY et al.

Supreme Court of Colorado, en Banc.

Rehearing Denied October 5, 1953.

Attorney(s) appearing for the Case

Snyder & Tullis, Young & Young, Colorado Springs, for plaintiffs in error.

Murray, Baker & Wendelken, Colorado Springs, for defendants in error.

HOLLAND, Justice.

On November 3, 1948, Albert J. Wheat, driving south on Highway 115 in El Paso county, attempted to pass another car and collided head on with a northbound car in which Leonard L. Wheat, unrelated to Albert J. Wheat, was a passenger. Both died upon the day of the accident as a result of injuries received. Both were nonresidents of Colorado, but were stationed at Camp Carson as military personnel. Albert J...

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