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VAUGHT v. STATE FARM FIRE & CASUALTY COMPANY

No. 19424.

413 F.2d 539 (1969)

Glen R. VAUGHT, Appellee, v. STATE FARM FIRE & CASUALTY COMPANY and State Farm Mutual Automobile Insurance Company, Appellants.

United States Court of Appeals Eighth Circuit.

July 10, 1969.

Attorney(s) appearing for the Case

Ted Boswell, of Cockrill, Laser, McGehee, Sharp & Boswell, Little Rock, Ark., for appellants.

Jack Young, of Allen, Dahlen & Young, Little Rock, Ark., for appellee.

Before VAN OOSTERHOUT, Chief Judge, and VOGEL and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

The sole issue on this appeal is the validity of a clause in an automobile liability insurance policy stating that automobiles owned by a municipality were not to be included as uninsured automobiles. The trial court held the exclusion was invalid. We affirm.

The facts are undisputed. The plaintiff was involved in an accident in which an automobile driven by him and a vehicle owned by the City of North Little

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