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RABB v. PUBLIC NATIONAL INSURANCE COMPANY

No. 12984.

243 F.2d 940 (1957)

Harold RABB, Appellant, v. PUBLIC NATIONAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

May 10, 1957.

Attorney(s) appearing for the Case

Charles R. Coy, Richmond, Ky. (Chenault & Coy, Charles R. Coy and James S. Chenault, Richmond, Ky., on the brief), for appellant.

Joseph E. Stopher, Louisville, Ky. (A. J. Deindoerfer, J. W. Knippenberg, Boehl, Stopher, Graves & Deindoerfer, Louisville, Ky., William R. Alvin, Miami, Fla., on the brief), for appellee.

Before MARTIN, MILLER and STEWART, Circuit Judges.

SHACKELFORD MILLER, Jr., Circuit Judge.

Appellee insurance company instituted this declaratory judgment action seeking a declaration of rights as to the existence or nonexistence of an oral liability insurance contract upon the automobile of an army officer, Lt. Moores, which was involved in an accident about 6:20 p. m. on May 27, 1954, near Richmond, Ky. As a result of the accident Lt. Moores was killed and the appellant, who was a passenger in the car, was injured...

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