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NATIONWIDE MUTUAL INSURANCE CO. v. ALLSTATE INSURANCE CO.

Civ. A. No. 68-C-39-A.

304 F.Supp. 343 (1969)

NATIONWIDE MUTUAL INSURANCE COMPANY, Complainant, v. ALLSTATE INSURANCE COMPANY et al., Defendants.

United States District Court W. D. Virginia, Abingdon Division.

September 29, 1969.

Attorney(s) appearing for the Case

Francis W. Flannagan, Woodward, Miles & Flannagan, Bristol, Va., for Nationwide Mutual Insurance Co.

G. R. C. Stuart, Penn, Stuart & Miller, Abingdon, Va., for Allstate Insurance Co.

R. Russell Myers, Bristol, Va., for Edward Allen Booher.

Ralph M. Dillow, Jr., Bristol, Va., for Bill Penley.

J. D. Bowie, Warren & Bowie, Bristol, Va., for Draxie Woods.

L. Victor McFall, Clintwood, Va., for Draxie Woods.

FINDINGS OF FACTS AND CONCLUSIONS OF LAW AND OPINION

HAYES, District Judge (sitting by designation).

The Court finds from the evidence that Allstate Insurance Company, pursuant to an application filed by James C. Penley on June 20, 1967, in which he represented that applicant was the sole owner of the automobile, issued an Allstate family automobile policy on a 1967 Chevrolet Roman II. The applicant was aged 22 and stated in his application which was made...

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