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SMOOT v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

No. 18815.

299 F.2d 525 (1962)

Harvey Thomas SMOOT, Jr., Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

January 25, 1962.

Attorney(s) appearing for the Case

Alton D. Kitchings, Savannah, Ga., for appellant.

Alex A. Lawrence, Luhr G. C. Beckmann, Jr., Kirk McAlpin, Bouhan, Lawrence, Williams, Levy & McAlpin, Joseph Young, Jr., Hitch, Miller & Beckmann, Savannah, Ga., for appellee, State Farm Mutual Automobile Ins. Co.

Before BROWN, GEWIN and BELL, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

This appeal tests the correctness of the dismissal of the complaint brought by an Assured to recover from his automobile Insurer the excess of the damage suit judgment over the face amount of the policy. Concededly this was done in the face of formal allegations which satisfied, at least, the Georgia good faith test. No trial in the usual sense has yet been had, and the Insurer advanced no affidavits demonstrating that there was no genuine...

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