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PREFERRED RISK MUTUAL INSURANCE COMPANY v. THOMAS

No. 10606.

372 F.2d 227 (1967)

PREFERRED RISK MUTUAL INSURANCE COMPANY, Appellant, v. Margarette THOMAS, Administratrix of the Estate of Robert Green, John P. Hazzard, IV, as Guardian ad Litem for Leola Lawrence, a Minor over the age of 18 years, Susan Ford, Lila Mae Parson, Rosa Smalls and Rebecca Nesbitt, Appellees.

United States Court of Appeals Fourth Circuit.

Decided January 31, 1967.

Attorney(s) appearing for the Case

N. L. Barnwell, Charleston, S. C. (Ben Scott Whaley and Barnwell, Whaley, Stevenson & Patterson, Charleston, S. C., on brief), for appellant.

William W. Doar, Jr. (Arthur M. Flowers, Jr., Meyer Rosen, Georgetown, S. C., Waring S. Howe, Charleston, S. C., Smith & Moore, and Rosen & Rosen, Georgetown, S. C., on brief), for appellees.

Before BOREMAN, J. SPENCER BELL, and CRAVEN, Circuit Judges.

BOREMAN, Circuit Judge.

Preferred Risk Mutual Insurance Company (hereafter Preferred) seeks a declaratory judgment to determine its rights and liabilities under a contract of insurance issued to Robert Green, deceased (hereinafter Green or insured). Jurisdiction is based on diversity of citizenship. The facts, except for the testimony of the agent to whom Green made application for the policy, were stipulated.

Preferred...

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