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OSBORNE v. AMERICAN SELECT RISK INSURANCE COMPANY

No. 18689.

414 F.2d 118 (1969)

Billie OSBORNE, Individually, and as Administrator of the Estate of Shirley Ann Osborne, Deceased; Martha McDaniel Moore, Kenneth Wayne Humphreys, Lora M. Moore, and Paul G. Hudgins, Plaintiffs-Appellants, v. AMERICAN SELECT RISK INSURANCE COMPANY, Defendant-Appellee, and Allstate Insurance Company, Intervenor.

United States Court of Appeals Sixth Circuit.

July 31, 1969.

Attorney(s) appearing for the Case

Harry E. Miller, Jr., Paducah, Ky., for appellants, Chas. A. Williams & Associates, Paducah, Ky., on brief.

William D. Grubbs, Louisville, Ky., for appellee; James G. Wheeler, Paducah, Ky., on brief, Woodward, Hobson & Fulton, Louisville, Ky., and Wheeler & Marshall, Paducah, Ky., of counsel.

Before PHILLIPS, PECK and COMBS, Circuit Judges.

JOHN W. PECK, Circuit Judge.

This diversity action was brought by plaintiffs-appellants (hereinafter "plaintiffs") seeking recovery under an automobile liability insurance policy issued to Billie Osborne by the defendant-appellee (hereinafter "defendant").

Billie Osborne filled out an application for insurance on November 22, 1963, at the office of defendant's agent, the Wilson Insurance Agency, of Murray, Kentucky. The premium was paid that day and the contract...

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