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WICKER v. NATIONAL SURETY CORPORATION

No. 9024.

330 F.2d 1009 (1964)

Frank W. WICKER, Appellee, v. NATIONAL SURETY CORPORATION, Appellant.

United States Court of Appeals Fourth Circuit.

Decided April 20, 1964.

Attorney(s) appearing for the Case

Aubrey R. Bowles, Jr., Richmond, Va. (H. Armistead Boyd, and Bowles, Boyd & Herod, Richmond, Va., on brief) for appellant.

Thomas A. Williams, Jr., Richmond, Va. (Ernest W. Williams, and Williams, Williams, Williams & Williams, Richmond, Va., on brief), for appellee.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and R. DORSEY WATKINS, District Judge.

HAYNSWORTH, Circuit Judge.

The question is whether a purchaser of an automobile from a Virginia dealer was its owner or its permissive user, within the meaning of the dealer's liability insurance, when the old, assigned title certificate, never physically tendered to the purchaser, was in the possession of the dealer, with the approval of the purchaser, for the purpose of filing it with the Division of Motor Vehicles. The District Court held the dealer was still the...

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