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FARM BUREAU MUTUAL AUTOMOBILE INS. CO. v. BASCOM

No. 153, Docket 26448.

287 F.2d 73 (1961)

FARM BUREAU MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee, v. Charles E. BASCOM, Robert E. Bascom and Albin Boroski, Appellants.

United States Court of Appeals Second Circuit.

Decided February 15, 1961.

Attorney(s) appearing for the Case

Jon O. Newman, Hartford, Conn., for appellants.

Francis J. McCarthy, Warren Maxwell, Edward J. Foley, Hartford, Conn., for appellee.

Before LUMBARD, Chief Judge, and CLARK and HAND, Circuit Judges.

HAND, Circuit Judge.

This appeal is from a judgment in an action based upon diversity of citizenship, declaring the plaintiff not liable upon two accident liability policies. Judge Smith found the facts as follows. The defendants, Charles Bascom, and Robert, his son, owned motorcars, on each of which the plaintiff had issued an accident insurance policy. A friend, named Boroski, the two Bascoms and two other friends had been at a race track, and all five were going...

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