CONTINENTAL CASUALTY COMPANY v. MUSGROVE

No. 19122.

305 F.2d 9 (1962)

CONTINENTAL CASUALTY COMPANY, Appellant, v. William T. MUSGROVE, Appellee.

United States Court of Appeals Fifth Circuit.

July 6, 1962.


Attorney(s) appearing for the Case

Reid B. Barnes, Birmingham, Ala., Lange, Simpson, Robinson & Somerville, Birmingham, Ala., of counsel, for appellant.

Charles A. Poellnitz, Florence, Ala., Mitchell, Poellnitz & Cox, Florence, Ala., of counsel, for appellee.

Before HUTCHESON, CAMERON and GEWIN, Circuit Judges.


CAMERON, Circuit Judge.

Appellant Continental Casualty Company sued appellee Musgrove in a diversity action to recover damages sustained by appellant in defending a suit brought by Mrs. Gladys Leith Holmes for the death of her husband Oliver Wendell Holmes, which suit was based upon an oral binder of insurance made by Musgrove as agent for appellant which purported to extend coverage on the life of said Holmes while he was piloting an airplane. This Court held that...

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