DUDLEY v. INLAND MUTUAL INSURANCE COMPANY

No. 8285.

299 F.2d 637 (1962)

Kathleen DUDLEY (minor), by her next friend, W. G. Smith; Lucille Dudley (minor), by her next friend, W. G. Smith; W. G. Smith, Ancillary Administrator of the Estate of Samuel Dudley, Deceased; and W. G. Smith, Ancillary Administrator of the Estate of Letha Louise Dudley, Deceased, Appellees, v. INLAND MUTUAL INSURANCE COMPANY, Appellant.

United States Court of Appeals Fourth Circuit.

Reargued January 8, 1962.

Decided February 8, 1962.


Attorney(s) appearing for the Case

Murray G. James, Wilmington, N. C. (James, James & Crossley, Wilmington, N. C., on brief), for appellant.

Alan A. Marshall and Lonnie B. Williams, Wilmington, N. C. (Poisson, Marshall, Barnhill & Williams, Wilmington, N. C., on brief), for appellees.

Before SOPER, HAYNSWORTH and BOREMAN, Circuit Judges.


SOPER, Circuit Judge.

This appeal raises the question whether an automobile insurance policy issued by the Inland Mutual Insurance Company, defendant in the District Court, covered an automobile tractor and a trailer in a collision with another car in which a man and his wife were killed and their two minor children were injured. The tractor and trailer were not covered by the terms of the policy as written and issued to the insured but he testified that he had been...

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