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HOUSTON FIRE & CASUALTY INSURANCE CO. v. IVENS

No. 20792.

338 F.2d 452 (1964)

HOUSTON FIRE AND CASUALTY INSURANCE COMPANY, Appellant, v. Reba IVENS, as Administratrix of the Estate of Harold Ivens, Deceased, et al., Appellees.

United States Court of Appeals Fifth Circuit.

October 29, 1964.

Attorney(s) appearing for the Case

Harry T. Gray, Jacksonville, Fla., Edward W. Killorin, E. Smythe Gambrell, Atlanta, Ga., Francis P. Conroy, Delbridge L. Gibbs, Jacksonville, Fla., John K. Train, III, Atlanta, Ga., for appellant, Marks, Gray, Yates, Conroy & Gibbs, Jacksonville, Fla., Gambrell, Harlan, Russell, Moye & Richardson, Atlanta, Ga., of counsel.

George A. Pierce, Jacksonville, Fla., Alan R. Schwartz, Miami, Fla., Marion R. Shepard, John E. Mathews, Jacksonville, Fla., Walter H. Beckham, Miami, Fla., Noah H. Jenerette, Jr., Mathews, Osborne & Ehrlich, Jacksonville, Fla., Nichols, Gaither, Beckham, Colson & Spence, Miami, Fla., for appellees.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.

McRAE, District Judge.

Houston Fire and Casualty Insurance Company ("Houston") brought suit for a declaratory judgment against the defendants, requesting a determination of its liability under a policy of aviation insurance issued to its assured, Harold Ivens ("Ivens"), with respect to an airplane crash of the Beechcraft airplane described in the policy and operated by Ivens.

The crash, which occurred on February 24, 1961, near Aiken, South Carolina, resulted...

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