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DORSEY v. HARTFORD ACCIDENT AND INDEMNITY COMPANY

No. 28225 Summary Calendar.

420 F.2d 780 (1969)

John L. DORSEY, Sr., Plaintiff-Appellant, E. L. Barrett, as Administrator of the Estate of Richard H. Morton, Intervenor-Appellant, v. The HARTFORD ACCIDENT AND INDEMNITY COMPANY, Defendant-Appellee.

United States Court of Appeals Fifth Circuit.

December 16, 1969.

Attorney(s) appearing for the Case

William W. Mundy, Mundy, Gammage & Cummings, Cedartown, Ga., for John L. Dorsey, Sr., plaintiff-appellant.

Frank H. Jones, Rogers, Magruder & Hoyt, Rome, Ga., for E. L. Barrett, intervenor-appellant.

William H. Schroder, Jr., Robert L. Pennington, Troutman, Sams, Schroder & Lockerman, Atlanta, Ga., for defendant-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM:

This is an appeal from the entry of a Summary Judgment in favor of defendant-appellee Hartford, and the denial of appellants' motion for summary judgment. The sole question is whether there was a genuine issue of a material fact that Richard H. Morton was covered by an insurance policy of Hartford on April 8, 1966, when he was killed in an automobile collision.

Appellant and Intervenor urge that there is a factual issue concerning the acceptance...

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