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LYNN v. FARM BUREAU MUTUAL AUTOMOBILE INSURANCE CO.

Nos. 7798, 7799.

264 F.2d 921 (1959)

Michael LYNN, by his next friend, Mrs. L. G. Lynn, Appellant, v. FARM BUREAU MUTUAL AUTOMOBILE INSURANCE COMPANY, Known as Nationwide Insurance Company, Appellee. Jo Nell Stafford GUEST, by her next friend, Mrs. Myrtle J. Stafford, Appellant, v. FARM BUREAU MUTUAL AUTOMOBILE INSURANCE COMPANY, Known as Nationwide Insurance Company, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 7, 1959.

Rehearing Denied April 21, 1959.

Attorney(s) appearing for the Case

G. T. Carswell, James F. Justice and B. Kermit Caldwell, Charlotte, N. C. (Carswell & Justice, Charlotte, N. C., on brief), for appellants.

W. T. Covington, Jr., and Mark R. Bernstein, Charlotte, N. C., for appellee.

Before SOBELOFF, Chief Judge, HAYNSWORTH, Circuit Judge, and BOREMAN, District Judge.

SOBELOFF, Chief Judge.

The minor plaintiffs sustained injury while passengers in the automobile owned and negligently operated by Amran Hassen, Jr. They seek recovery from the defendant on an operator's policy issued by Farm Bureau Mutual Automobile Insurance Company under the provisions of the North Carolina Motor Vehicle Safety and Responsibility Act. They rely also on an oral contract of insurance allegedly entered into between Hassen and the defendant. At the...

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