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STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. PENNINGTON

No. LR-62-C-79.

215 F.Supp. 784 (1963)

STATE FARM MUTUAL AUTOMOBILE INSURANCE CO., Plaintiff, v. John W. PENNINGTON and Robert Howell Summerville, Defendants.

United States District Court E. D. Arkansas, W. D.

March 26, 1963.

Attorney(s) appearing for the Case

Jacob Sharp, Jr., Little Rock, Ark., for plaintiff.

J. B. Milham, Benton, Ark., for defendant John W. Pennington.

Ted Boswell (of Hall, Purcell & Boswell), Benton, and Frances Holtzendorf, Little Rock, Ark., for defendant, Robert Howell Summerville.

HENLEY, Chief Judge.

This is an action for a declaratory judgment of nonliability under an automobile liability policy issued by plaintiff insurance company to one Andrew Summerville. On June 25, 1960, the vehicle described in the policy, while being driven by the defendant, John W. Pennington, with permission of the named insured, Andrew Summerville, was involved in an accident as a result of which the defendant, Robert Howell Summerville (hereinafter Summerville...

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