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TRADERS AND GENERAL INSURANCE COMPANY v. MALLITZ

No. 19856.

315 F.2d 171 (1963)

The TRADERS AND GENERAL INSURANCE COMPANY, Appellant, v. McKinley Z. MALLITZ, Appellee. McKinley Z. MALLITZ, Appellant, v. The BANKERS FIRE AND MARINE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 29, 1963.

Attorney(s) appearing for the Case

Marcel Livaudais, Jr., New Orleans, La., for Traders & General Ins. Co.

Robert R. Rainold, Richard J. McGinity, Jr., Baldwin, Haspel, Molony, Rainold & Meyer, New Orleans, La., for McKinley Z. Mallitz.

John T. Cooper, George V. Baus, Adams & Reese, New Orleans, La., for Bankers Fire & Marine Ins. Co.

Before RIVES and CAMERON, Circuit Judges, and BOOTLE, District Judge.

RIVES, Circuit Judge.

Mallitz sued Bankers Fire and Marine Insurance Company and The Traders and General Insurance Co. under the Direct Action Statute of Louisiana, LSA-R.S. 22:655, on account of injuries received when he was struck by an automobile driven by Eugene Earl Anderson. It is conceded that Anderson's negligence was the proximate cause of the accident and that Mallitz was not contributorily negligent.

Mallitz was struck by a 1957 Oldsmobile. At the...

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