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FOWLE v. MARTIN

Civ. A. No. 8443.

264 F.Supp. 363 (1967)

Leslie Percy FOWLE, individually and as representative of all those Underwriters at Lloyd's, London, England, insuring C. W. Martin, Johnny Joy, Douglas Joy and E. H. Joy, Jr., d/b/a Hemingway Raceway under Policy No. C.L. 12764, Plaintiff, v. C. W. (Pappy) MARTIN, Johnny Joy, Douglas Joy and E. H. Joy, Jr., d/b/a Hemingway Raceway, Kathryn G. Brayboy, individually, and as Administratrix of the Estate of Lawrence Brayboy, Lawrence Oral Brayboy, a minor by his Guardian ad Litem, Kathryn G. Brayboy, Bobby Jean Brayboy and James C. Evans, Defendants.

United States District Court D. South Carolina, Florence Division.

February 17, 1967.

Attorney(s) appearing for the Case

Wright, Scott, Blackwell & Powers, Florence, S. C., for plaintiff.

James E. O'Shields, Hemingway, S. C., for Hemingway Raceway.

James P. Mozingo, III, D. Kenneth Baker, Thomas E. Smith, Jr., Darlington, S. C., and Cecil W. Schneider, Georgetown, S. C., for defendants Brayboy and Evans.

ORDER

SIMONS, District Judge.

This action for declaratory judgment filed pursuant to the Federal Declaratory Judgment Act, 28 U.S.C.A. § 2201, seeks a construction of plaintiff's policy of automobile racing liability insurance issued to C. W. (Pappy) Martin, Johnny Joy, Douglas Joy and E. H. Joy, Jr., d/b/a Hemingway Raceway as insureds. The case was tried before me without a jury on November 29, 1966 in Florence, South Carolina. All parties were properly...

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