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JAMES v. PENNSYLVANIA GENERAL INSURANCE COMPANY

No. 19834.

371 F.2d 736 (1966)

Marie JAMES et al., Appellants, v. PENNSYLVANIA GENERAL INSURANCE COMPANY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 22, 1966.

Attorney(s) appearing for the Case

Mr. Ben Paul Noble, Washington, D. C., with whom Mr. Jack A. Hillman, Washington, D. C., was on the brief, for appellants.

Mr. William H. Clarke, Washington, D. C., with whom Messrs. Richard W. Galiher, William E. Stewart, Jr., and Charles E. Chisholm, Washington, D. C., were on the brief, for appellee.

Before EDGERTON, Senior Circuit Judge, and DANAHER and LEVENTHAL, Circuit Judges.

PER CURIAM:

On this appeal we hold that on the remand following James v. Pennsylvania General Insurance Co., 121 U.S.App.D.C. 251, 349 F.2d 228 (1965) the District Court did not comply with the instructions of this court.

Briefly appellee sought a declaratory judgment that it was not liable to appellants under an automobile liability insurance policy. The issue tendered by the complaint was the existence of fraud on the part...

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