GENERAL INSURANCE COMPANY OF AMERICA v. THIELEPAPE

No. 25726.

400 F.2d 852 (1968)

GENERAL INSURANCE COMPANY OF AMERICA, Appellant, v. Fred C. THIELEPAPE, by next friend, et al., Appellees.

United States Court of Appeals Fifth Circuit.

September 30, 1968.


Attorney(s) appearing for the Case

Edward P. Fahey, Groce, Hebdon, Fahey & Smith, San Antonio, Tex., for appellant.

L. Tonnett Byrd, Kuykendall & Kuykendall, Austin, Tex., for appellee Fred C. Thielepape.

Byrd, Davis, Eisenberg & Clark, Austin, Tex., for appellees Lillian G. Bush and Otis L. Bush.

Before GEWIN, PHILLIPS and GOLDBERG, Circuit Judges.


PER CURIAM:

This action against the appellant insurer was brought by Fred Thielepape to enforce the terms of a family automobile liability insurance policy issued to Thielepape's father. The United States District Court for the Western District of Texas denied the insurer's motion for summary judgment, proceeded to a hearing and rendered judgment for Thielepape. We affirm.

The issue presented to the district court was whether Thielepape was covered under the...

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