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TOOLE v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 9993.

353 F.2d 508 (1965)

Azor L. TOOLE, Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided December 2, 1965.

Attorney(s) appearing for the Case

Henry Hammer and William H. Gibbes, Columbia, S. C. (Ryan L. Scott, and Berry & Gibbes, Columbia, S. C., on brief), for appellant.

Edward W. Mullins, Columbia, S. C. (Nelson, Mullins, Grier & Scarborough, Columbia, S. C., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and BOREMAN and J. SPENCER BELL, Circuit Judges.

J. SPENCER BELL, Circuit Judge.

The plaintiff appeals from a judgment of the district court sitting without a jury. On November 19, 1960, the defendant issued and delivered an automobile liability insurance policy to one James Rogers. As of December 28, 1960, the policy was cancelled by the defendant in accordance with its provisions for failure to pay the premium. The accident in which the plaintiff was injured occurred in February 1961. The plaintiff concedes that...

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