GOFORTH v. ALLSTATE INSURANCE COMPANY

Civ. A. No. 2103.

220 F.Supp. 616 (1963)

Frank H. GOFORTH, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant and Third-Party Plaintiff, v. Robert Lee MELTON, Manson L. Huntley, State Farm Mutual Insurance Company and Nationwide Insurance Company, Third-Party Defendants.

United States District Court W. D. North Carolina, Asheville Division.

Decided August 21, 1963.


Attorney(s) appearing for the Case

Harold K. Bennett, Ward & Bennett, Asheville, N. C., for plaintiff.

Harry DuMont, Uzzell & DuMont, Asheville, N. C., for defendant and third-party plaintiff.

O. E. Starnes, Jr., Van Winkle, Walton, Buck & Wall, Asheville, N. C., for third-party defendant State Farm Mutual Ins. Company.

J. Scroop Styles, Asheville, N. C., for third-party defendants Robert Lee Melton and Mason L. Huntley.

William C. Morris, Jr., Williams, Williams & Morris, Asheville, N. C., for third-party defendant Nationwide Ins. Co.


CRAVEN, Chief Judge.

This is an action on a judgment for damages rendered in the state trial court against Robert L. Melton. Goforth here contends that Melton was an insured driver under a policy of automobile liability insurance issued by Allstate to Ernest R. Bartlett and that Allstate is liable, therefore, for the amount of the judgment.

At the conclusion of all of the evidence, in open court, the undersigned district judge dictated tentative findings of...

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