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RICHLAND KNOX MUTUAL INSURANCE COMPANY v. KALLEN

Nos. 16712, 16713.

376 F.2d 360 (1967)

RICHLAND KNOX MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. David KALLEN, Sondra Litwin and American Policyholders Insurance Company, Defendants-Appellees. Sondra LITWIN, Cross Plaintiff-Appellant, v. David KALLEN, American Policyholders Insurance Company, Detroit Automobile Inter-Insurance Exchange and Richland Knox Mutual Insurance Company, Cross Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

April 11, 1967.

Attorney(s) appearing for the Case

Konrad D. Kohl, Detroit, Mich., for Richland Knox Mutual Insurance, plaintiff-appellant, Davidson, Gotshall, Kelly, Halsey & Kohl, Detroit, Mich., on brief.

Thomas A. Neenan, Detroit, Mich., for Sondra Litwin, cross plaintiff appellant, Ward, Plunkett, Cooney, Rutt & Peacock, William P. Cooney, Detroit, Mich., on brief.

John A. Kruse, Detroit, Mich., for American Policyholders Insurance Co. and Detroit Automobile Inter-Insurance Exchange, cross defendant appellees, Alexander, Buchanan & Conklin, Detroit, Mich., on brief for American Policy-holders Insurance Company, Rouse, Selby, Webber, Dickinson & Shaw, Forrest G. Shaw, Detroit, Mich., on brief for Detroit Automobile Inter-Insurance Exchange.

Before O'SULLIVAN, PHILLIPS and PECK, Circuit Judges.

JOHN W. PECK, Circuit Judge.

The only simple aspect of this case is found in the facts of the occurrence giving rise to the controversy in suit. Defendant and Cross Plaintiff-appellant Sondra Litwin was a passenger, as was Defendant David Kallen, in the back seat of a passenger automobile owned and operated by one Joseph Paris, hereinafter referred to as "Litwin," "Kallen" and "Paris," respectively. Kallen attempted to throw a lighted firecracker out of the

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