SUMAIT v. CAPITAL FIRE & CASUALTY COMPANY

No. 17287.

296 F.2d 108 (1961)

Marcelino A. SUMAIT, Appellant, v. CAPITAL FIRE & CASUALTY COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

November 6, 1961.


Attorney(s) appearing for the Case

Spiegel, Turner, Barrett & Ferenz, San Francisco, Cal., for appellant.

Thomas M. Jenkins, Schofield, Hanson, Bridgett, Marcus & Jenkins, San Francisco, Cal., and E. R. Crain, Agana, Guam, for appellee.

Before BARNES, HAMLIN and JERTBERG, Circuit Judges.


PER CURIAM.

In June 1958 (in Action No. 1-58) appellant sued Roy Smith and Ernest D. Brown for personal injuries arising out of an automobile accident occurring on October 17, 1957, in Guam. Smith was driving an automobile allegedly owned by Brown. Judgment was recovered against Smith, but the action was dismissed as to Brown, as there was no proof who owned the automobile.

Appellant later filed this suit (Action No. 93-58) against the defendant insurance...

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