STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. v. SPINOLA

No. 23991.

374 F.2d 873 (1967)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Joseph SPINOLA, Margaret R. Caruso and Fay Rossi, Appellees.

United States Court of Appeals Fifth Circuit.

March 23, 1967.


Attorney(s) appearing for the Case

John H. Wahl, Jr., Richard J. Thornton, Laurence A. Schroeder, Miami, Fla., Walton, Lantaff, Schroeder, Carson & Wahl, Miami, Fla., of counsel, for appellant.

Norman S. Klein, North Miami Beach, Fla., Linet, Schwartz & Klein, North Miami Beach, Fla., of counsel, for appellees.

Before BROWN, MOORE, and BELL, Circuit Judges.


PER CURIAM:

This appeal from a final declaratory decree in favor of the appellees involves the construction of a provision in an automobile insurance contract relating to hit-and-run vehicles.

On December 21, 1963, in Dade County, Florida, appellee Spinola was the driver of a vehicle in which appellees Caruso and Rossi were passengers. Spinola was insured under a contract issued by appellant State Farm. The vehicle was stopped in a line of traffic. Immediately...

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