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MOTORISTS MUTUAL INSURANCE COMPANY v. SIMPSON

No. 16659.

404 F.2d 511 (1968)

MOTORISTS MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Teresa SIMPSON, Administratrix of the Estate of Raymond K. Simpson, Deceased, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 13, 1969.

Certiorari Denied April 21, 1969.

Attorney(s) appearing for the Case

Earl C. Townsend, Jr., John F. Townsend, Jr., Robert B. Dienst, Indianapolis, Ind., for defendant-appellant.

Emerson Boyd, William V. Hutchens, of Locke, Reynolds, Boyd & Weisell, Indianapolis, Ind., for plaintiff-appellee; Russell H. Hart, Stuart, Branigin, Ricks & Schilling, Lafayette, Ind., of counsel.

Before DUFFY, Senior Circuit Judge, and KILEY and SWYGERT, Circuit Judges.

Certiorari Denied April 21, 1969. See 89 S.Ct. 1470.

SWYGERT, Circuit Judge.

This appeal in a diversity action arises from a declaratory judgment in favor of the plaintiff, Motorists Mutual Insurance Company. The judgment below declared that Thomas E. Penman, Jr. was not covered by an automobile insurance policy issued by Motorists Mutual to an Ohio resident, Sylvester Griffin, the named insured, and insuring Griffin's automobile. The policy stipulated that...

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