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FLEMING v. NATIONWIDE MUTUAL INSURANCE COMPANY

No. 10939.

383 F.2d 145 (1967)

H. C. FLEMING, Jr., Mrs. Zed L. White, Mrs. Zed L. White, as Administratrix of the Estate of Zed L. White, Deceased, Mrs. Zed L. White, as Administratrix of the Estate of Francis White, Deceased, Henry C. Fleming, Sr., as Administrator of the Estate of Dorothy T. Fleming; Benjamin Joseph White, Anne Marie White, Zed L. White, Jr., Julia Elizabeth White, Edward William McG. White, James Robert White, and Emily Agnes White, Appellants, v. NATIONWIDE MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided September 13, 1967.

Attorney(s) appearing for the Case

Burnet R. Maybank and Robert A. Patterson, Charleston, S. C. (Maybank & Manucy and Barnwell, Whaley, Stevenson & Patterson, Charleston, S. C., on the brief), for appellant.

Joseph H. McGee, Jr., Charleston, S. C. (Moore, Mouzon & McGee, Charleston, S. C., on the brief), for appellee.

Before WINTER and CRAVEN, Circuit Judges, and HARVEY, District Judge.

HARVEY, District Judge:

Nationwide Mutual Insurance Company ("Nationwide") brought this declaratory judgment action to determine whether it was liable under an automobile liability insurance policy issued to Henry C. Fleming, Jr. ("Fleming"). The District court entered judgment for Nationwide, and defendants have appealed. We affirm.

In October of 1962, Fleming, a resident of Sumter, South Carolina, moved to Mt. Pleasant, South Carolina, and began the operation...

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