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INSURANCE COMPANY OF NORTH AMERICA v. STEVENS

No. 29088 Summary Calendar.

425 F.2d 704 (1970)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Appellee, v. Estelle STEVENS, Donald C. Stevens, and Mark O'Neill, a minor, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

May 14, 1970.

Attorney(s) appearing for the Case

Maurice Fixel, Hollywood, Fla., for defendants-appellants.

Charles C. Papy, Jr., Coral Gables, Fla., for plaintiff-appellee.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

PER CURIAM.

John Bolen was insured by Insurance Company of North America. His nephew, O'Neill, while riding as a passenger on a motorcycle being operated by Bolen's son, was injured when the motorcycle collided with an uninsured automobile. Insurance Company brought an action for declaratory judgment seeking a determination of its liability to O'Neill. In a non-jury trial, the District Court found that there was no coverage...

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