Harvey Thomas SMOOT, Jr., Appellant,
v.
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY et al., Appellees.
Katie Mae DONALDSON and William M. Donaldson, Appellants,
v.
Harvey Thomas SMOOT, Jr., et al., Appellees.
United States Court of Appeals Fifth Circuit.https://leagle.com/images/logo.png
October 15, 1964.
October 15, 1964.
Attorney(s) appearing for the Case
No. 20923:
Alton D. Kitchings, Savannah, Ga., for Harvey T. Smoot.
Alex A. Lawrence, James W. Head, Luhr G. C. Beckmann, Jr., Savannah, Ga., Kirk McAlpin, Atlanta, Ga., Hitch, Miller, Beckmann & Simpson, Savannah, Ga., Bouhan, Lawrence, Williams & Levy, Savannah, Ga., for appellees.
No. 21129:
Anton F. Solms, Jr., James W. Head, Savannah, Ga., for Katie M. and W. J. Donaldson.
Kirk McAlpin, Atlanta, Ga., Alton D. Kitchings, Alex A. Lawrence, Luhr G. C. Beckmann, Jr., Savannah, Ga., for appellees.
Before BROWN and BELL, Circuit Judges and SPEARS, District Judge.
United States Court of Appeals Fifth Circuit.
PER CURIAM.
By our prior decision in 1962, Smoot v. State Farm Mutual Auto. Ins. Co., 5 Cir., 1962, 299 F.2d 525, we reversed and remanded the case for a trial of the Assured's claim that the Insurer was liable for the excess of the damage-claimant's judgment over the policy limits. On the eve of that trial, the Insurer, under F.R. Civ.P. 19(b), sought to bring in the Donaldsons, the damage-claimant-judgment creditors, as necessary...
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