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SOUTHEASTERN FIRE INSURANCE CO. v. HELTON

Civ. A. No. 2184.

192 F.Supp. 441 (1961)

SOUTHEASTERN FIRE INSURANCE CO., a corporation, Plaintiff, v. Harvey E. HELTON, Sue Reynolds, Mary Frances Singleton and Gertie Lee Helton, Defendants.

United States District Court S. D. Alabama, N. D.

March 14, 1961.

Attorney(s) appearing for the Case

Thomas B. Hill, Jr., of Hill, Hill, Stovall & Carter, Montgomery, Ala., for plaintiff.

McLean Pitts, T. G. Gayle, Sam Earl Esco, Jr., Selma, Ala., A. W. Jones, of Pritchard, McCall & Jones, Birmingham, Ala., for defendants.

DANIEL HOLCOMBE THOMAS, District Judge.

Plaintiff herein filed this suit for declaratory judgment under Title 28 U.S. C.A. § 2201, praying that it be held free from any liability under the terms of the insurance policy issued by it to Harvey E. Helton, one of the defendants herein.

On July 29, 1958, Harvey E. Helton, the insured, was driving his 1955 Ford automobile on Alabama Highway 22 near the point where the highway intersects with Bogue Chitto in...

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