AMERICAN SURETY COMPANY OF NEW YORK v. COBLENTZ

No. 23675.

381 F.2d 185 (1967)

AMERICAN SURETY COMPANY OF NEW YORK, Appellant, v. Ralph E. COBLENTZ, as Administrator d.b.n. of the Estate of Edward Thomas Coblentz, Deceased, Appellee.

United States Court of Appeals Fifth Circuit.

July 19, 1967.


Attorney(s) appearing for the Case

James E. Tribble, Robert G. Young, Miami, Fla., for appellant.

Larry S. Stewart, Miami, Fla., for appellee.

Before PHILLIPS, THORNBERRY and DYER, Circuit Judges.


THORNBERRY, Circuit Judge:

American Surety appeals from a summary judgment entered against it in a garnishment proceeding by which appellee Coblentz seeks to collect a $50,000 state court judgment rendered in his favor against appellant's insured. We reverse.

Appellee Coblentz is the administrator of the estate of a young man fatally shot by one Carbone, a motel proprietor, who was insured by appellant under an "Owner's, Landlord's and Tenant's Liability Policy...

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