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SHULINS v. NEW ENGLAND INSURANCE COMPANY

No. 245, Docket 29638.

360 F.2d 781 (1966)

Maurice L. SHULINS, Administrator of the Estate of Martin O. Lindholm, Plaintiff-Appellant, v. NEW ENGLAND INSURANCE COMPANY and Francis Delorme, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided May 13, 1966.

Attorney(s) appearing for the Case

Frederick J. Fayette, Burlington, Vt. (Bloomer & Bloomer, Burlington, Vt., on the brief), for plaintiff-appellant.

James T. Haugh, Rutland, Vt. (Robinson E. Keyes and Ryan, Smith & Carbine, Rutland, Vt., on the brief), for defendant-appellee, New England Ins. Co.

Before LUMBARD, Chief Judge, HAYS, Circuit Judge, and CLARIE, District Judge.

CLARIE, District Judge:

The plaintiff's decedent, Martin O. Lindholm, was killed when the car he was operating was struck by a vehicle driven by the defendant, Francis Delorme, an unlicensed 15-year-old service station employee. In a prior suit based upon that accident, the decedent's estate by its Administrator, Maurice L. Shulins, the plaintiff herein, sued the driver, his employer, the owner of the vehicle, and the driver's brother, Stanley Delorme.

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