NEW AMSTERDAM CASUALTY COMPANY v. ELLZEY

No. 16258.

240 F.2d 618 (1957)

NEW AMSTERDAM CASUALTY COMPANY, Appellant, v. Curtis ELLZEY, Sr., Appellee.

United States Court of Appeals Fifth Circuit.

January 31, 1957.


Attorney(s) appearing for the Case

Charles R. Galloway, Eaton, Cottrell, & Galloway, Gulfport, Miss., for appellant.

Jacob D. Guice, W. L. Guice, Rushing & Guice, Biloxi, Miss., for appellee.

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


BORAH, Circuit Judge.

This appeal from a summary judgment entered in favor of Curtis Ellzey, Sr. in his suit against New Amsterdam Casualty Company, presents a single question of law, and that is whether the trial court correctly held the defendant insurer liable on a Comprehensive Liability Policy for personal injuries to a third person caused by an accident which arose out of the following stipulated facts:

In July, 1954, while the policy was in full force...

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