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FIDELITY AND CASUALTY COMPANY OF NEW YORK v. LOTT

No. 17761.

273 F.2d 500 (1960)

FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. Edith Joyce Murray LOTT et al., Appellees.

United States Court of Appeals Fifth Circuit.

January 11, 1960.

Attorney(s) appearing for the Case

John D. Rienstra, King, Sharfstein & Rienstra, Beaumont, Tex., for appellant.

John G. Tucker, Orgain, Bell & Tucker, Beaumont, Tex., for appellees.

Before HUTCHESON, TUTTLE and BROWN, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from a judgment in favor of the survivors of a person killed in connection with an unusual use of an insured automobile. Stating the factual situation as related in the brief of the appellant insurance company:

"Davies, the named insured in a policy of liability insurance issued by Appellant, and three companions were in search of game on a mountainous road in Colorado. Spying three deer slightly below and to their...

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