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GREAT AMERICAN INS. CO. v. HARLEYSVILLE MUT. CAS. CO.

No. 8175.

285 F.2d 262 (1961)

GREAT AMERICAN INSURANCE COMPANY, Appellant, v. HARLEYSVILLE MUTUAL CASUALTY COMPANY, Cleveland Ovell Early, Jr., Dessie Jenkins Vaughan, William Edward Vaughan, Yvonne Vaughan, Ernest Vaughan, Teressa Mae Parker and Ike Parker, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 4, 1961.

Attorney(s) appearing for the Case

Francis E. Winslow, Rocky Mount, N. C. (Herman S. Merrell, and Battle, Winslow, Merrell, Scott & Wiley, Rocky Mount, N. C., on brief), for appellant.

David R. Cockman and Franklin T. Dupree, Jr., Raleigh, N. C. (Dupree, Weaver, Horton & Cockman, Raleigh, N. C., on brief), for appellee Harleysville Mutual Casualty Co.

J. Felton Turner, Jr., Jackson, N. C. (J. William Copeland, Murfreesboro, N. C., Buxton Midyette, and Gay, Midyette & Turner, Jackson, N. C., on brief), for appellees Dessie Jenkins Vaughan, William Edward Vaughan, Yvonne Vaughan, Ernest Vaughan, Teressa Mae Parker, and Ike Parker.

Before SOPER, HAYNSWORTH and BOREMAN, Circuit Judges.

SOPER, Circuit Judge.

This suit for declaratory judgment was brought by the Great American Insurance Company to secure an adjudication that it has no liability under an automobile liability policy for damages caused by collision on a North Carolina highway in which the automobile described in the policy was involved. The policy had been issued to Robert Louis Grant, the owner of the car. The insurance provided therein was limited to $10,000 for bodily injury to each...

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