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COFFIN v. INSURANCE COMPANY OF NORTH AMERICA

No. 29309 Summary Calendar.

429 F.2d 1312 (1970)

Dexter D. COFFIN, Jr., Defendant-Appellant, v. INSURANCE COMPANY OF NORTH AMERICA, a foreign stock insurance company, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 14, 1970.

Attorney(s) appearing for the Case

Robert Orseck, Miami, Fla., for plaintiff-appellant.

Martin Flanagan, John R. Beranek, West Palm Beach, Fla., for defendant-appellee.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.

PER CURIAM.

This appeal is from the pretrial dismissal of Count I of a complaint.1 The case was tried on Count II with judgment for defendant and there is no appeal from that judgment. In Count I plaintiff alleged that his liability insurance carrier wrongfully denied coverage and wrongfully refused to defend him in an action involving injury and death to a third person in connection with plaintiff's operation of a Cessna Aircraft.

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