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CLOUSE v. AMERICAN MUTUAL LIABILITY INSURANCE CO.

No. 9708.

344 F.2d 18 (1965)

Lawrence A. CLOUSE and Employers Mutual Liability Insurance Company of Wisconsin, Appellants, v. AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided March 25, 1965.

Attorney(s) appearing for the Case

Henry B. Smythe, Charleston, S. C. (Buist, Buist, Smythe & Smythe, Charleston, S. C., on brief), for appellants.

William H. Grimball, Jr., Charleston, S. C. (Grimball & Cabaniss, Charleston, S. C., on brief), for appellee.

Before BRYAN and J. SPENCER BELL, Circuit Judges, and CHRISTIE, District Judge.

J. SPENCER BELL, Circuit Judge.

The plaintiff brought this action to establish the liability of the defendant under its garagekeeper's liability insurance policy issued to Prothro Chevrolet, Inc. [hereinafter Prothro], an automobile dealer in Manning, South Carolina, for damages sustained in an automobile collision with one Freddie G. Munn. The district court entered summary judgment for the defendant, and the plaintiff appealed.

On June 5, 1961, Prothro delivered...

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