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ROWE v. UNITED STATES FIDELITY AND GUARANTY COMPANY

No. 12721.

421 F.2d 937 (1970)

John H. ROWE, Jr., Administrator of the Estate of Larry Mitchell Rowe, Deceased, John H. Rowe, Jr., Jerry Rowe, under 21 years through his father and next friend, John H. Rowe, Jr., and Lloyd G. Rowe, Appellants, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 26, 1970.

Attorney(s) appearing for the Case

Sidney H. Kelsey, Norfolk, Va. (Kelsey, Owens & Sanderlin, Norfolk, Va., on brief), for appellants.

Guilford D. Ware, Norfolk, Va. (Crenshaw, Ware & Johnson, Norfolk, Va., on brief), for appellee.

Before SOBELOFF, BOREMAN and WINTER, Circuit Judges.

BOREMAN, Circuit Judge:

Challenged on appeal in this diversity action is the entry of judgment for the defendant upon its motion to dismiss after denying the motion of plaintiffs for leave to file an amended or supplemental complaint. For an understanding of the questions presented it seems necessary to narrate certain facts.

The plaintiffs are John H. Rowe, Jr., individually and as administrator of the estate of...

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