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BURTON v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

No. 20753.

335 F.2d 317 (1964)

Lola BURTON, as Administratrix of the Estate of William C. Burton, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 11, 1964.

Attorney(s) appearing for the Case

Charles E. Davis, Anthony W. Cunningham, Fishback, Davis, Dominick & Troutman, Orlando, Fla., for appellant.

William McHardy Berson, James O. Driscoll, Berson, Barnes & Inman, Orlando, Fla., for appellee.

Before TUTTLE, Chief Judge, and POPE and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

This case presents for review the propriety of the District Judge's granting of Insurer's motion for summary judgment in a suit by the widow of the Assured as administratrix of the Assured's estate to establish the Insurer's liability for failure to defend suits by third parties against the estate. The facts are these.

On July 3, 1958, the named Assured1 was involved in an automobile accident in Orange...

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