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UNITED STATES FIDELITY AND GUARANTY COMPANY v. DRINKARD

Civ. A. No. 65-C-67-A.

258 F.Supp. 380 (1966)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff, v. Dan DRINKARD, Jr., Administrator of the Estate of Dan Drinkard, III, deceased, J. Nelson Ingoldsby, Administrator of the Estate of Carole Perkins, deceased, and Billy Roy Simpson, Defendants, and New York Underwriters Insurance Company, Intervenor.

United States District Court W. D. Virginia, Abingdon Division.

September 19, 1966.

Attorney(s) appearing for the Case

Donald T. Stant and Bradley Roberts, of Stant & Roberts, Bristol, Va., for plaintiff.

George M. Warren, Jr., Bristol, Va., for defendants, Dan Drinkard, Jr., Admr. of Estate of Dan Drinkard, III, decd. and J. Nelson Ingoldsby, Admr. of Estate of Carole Perkins, decd.

H. Emory Widener, Jr., Widener, Widener & Frackelton, Bristol, Va., for defendant, Bill Roy Simpson.

Andrew P. Miller, Penn, Stuart & Miller, Abingdon, Va., for defendant, New York Underwriters Ins. Co.

OPINION and JUDGMENT

DALTON, Chief Judge.

In this case the court on June 8, 1966 filed a written opinion and entered judgment accordingly, which opinion is of record in 254 F.Supp. 867, to which reference is here made. Thereafter, to wit, on June 23, 1966, by reason of a misunderstanding between the court and counsel as to whether the action was intended to be submitted on its merits, the court set aside and annulled...

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