DAIRYLAND INSURANCE COMPANY v. McGRAW

No. 13138.

411 F.2d 621 (1969)

DAIRYLAND INSURANCE COMPANY, a corporation, Appellant, v. Johnnie Keith McGRAW, Frances Joan Robinson, Administratrix of the Estate of James Edwin King, deceased, and Constance Jean King, an infant, Appellees. DAIRYLAND INSURANCE COMPANY, a corporation, Appellant, v. Johnnie Keith McGRAW, Carolyn Scharf, Administratrix of the Estate of Robert Edward Reid, deceased, and Sherry Reid, an infant, Appellees.

United States Court of Appeals Fourth Circuit.

Decided June 2, 1969.


Attorney(s) appearing for the Case

Charles E. Hurt, Charleston, W. Va., on the brief, for appellant.

Arden J. Curry and Samuel D. Lopinsky, Charleston, W. Va., for appellees.

Before HAYNSWORTH, Chief Judge and BOREMAN and BRYAN, Circuit Judges.


PER CURIAM:

Coverage of the plaintiff's automobile liability policy turns upon the question of whether or not Orville McGraw had sold the Ford automobile to his younger brother Johnnie. After a denial of a motion by the plaintiff for summary judgment, the District Court found on the evidence that there had been no sale.

While both Orville and Johnnie testified that the Ford had been the subject of an informal sale, their neglect of the formalities —...

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