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INDEMNITY INSURANCE CO. OF NORTH AMERICA v. DU PONT

No. 18400.

292 F.2d 569 (1961)

INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. Samuel Hallock DU PONT, Jr. d/b/a duPont Air Interests, Appellee. Samuel Hallock DU PONT, Jr., d/b/a duPont Air Interests, Appellant, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 11, 1961.

Attorney(s) appearing for the Case

David W. Dyer, Samuel A. Brodnax, Jr., Miami, Fla., Smathers, Thompson, & Dyer, Miami, Fla., of counsel, for appellant.

Raymond J. Dwyer, Wesley G. Carey, Miami, Fla., Carey, Goodman, Terry, Dwyer & Austin, Miami, Fla, of counsel, for appellee.

Before TUTTLE, Chief Judge, and RIVES and JONES, Circuit Judges.

JONES, Circuit Judge.

Samuel Hallock duPont Jr., the appellee, operated a business of chartering aircraft. In the spring of 1958 duPont switched his business from chartering, with pilots furnished, to renting, without pilots, under a license granted to him by Hertz Rent A Plane System, Inc. Indemnity Insurance Company of North America, the appellant, issued a policy of aircraft insurance, dated March 27, 1958, to duPont which...

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