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SAFECO INSURANCE COMPANY OF AMERICA v. SWAIN

No. 13609.

264 F.2d 231 (1959)

SAFECO INSURANCE COMPANY OF AMERICA, Appellant, v. Frank SWAIN, Administrator of the Estate of Leonidas Swain, Deceased, Charles Swain, Administrator of the Estate of Preston Swain, Deceased, Georgia Mae Swain, Administratrix of the Estate of Evan Swain, Deceased, and Lizzie Fritts, Administratrix of the Estate of Opal Swain, Deceased, Appellees.

United States Court of Appeals Sixth Circuit.

March 9, 1959.

Attorney(s) appearing for the Case

Viley O. Blackburn, Somerset, Ky. (Albert H. Root, Newport, Ky., Smith & Blackburn, Somerset, Ky., on the brief), for appellant.

Boyd F. Taylor, London, Ky. (Pleas E. Jones, Williamsburg, Ky., on the brief), for appellees.

Before SIMONS and ALLEN, Circuit Judges, and O'SULLIVAN, District Judge.

PER CURIAM.

Judgments for wrongful deaths of the several decedents Swain had been obtained by their administrators against the Estate of one Rendall McKenzie, driver of one of the vehicles involved in a fatal accident. McKenzie was not the owner of the vehicle driven by him. The instant case is an action on the said judgments brought by plaintiffs against Safeco Insurance Company of America, the insurer of Marjorie Bush, the owner of the vehicle driven by McKenzie...

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