DAIRYLAND INSURANCE COMPANY v. FRITH

No. 27415.

419 F.2d 1325 (1970)

DAIRYLAND INSURANCE COMPANY, Plaintiff-Appellant, v. Charles P. FRITH, Morris H. Frith, Sr., et al., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

January 7, 1970.


Attorney(s) appearing for the Case

Forrest L. Champion, Jr., Columbus, Ga., Kelly, Champion & Henson, Columbus, Ga., for appellant.

Swift, Pease, Davidson & Chapman, Columbus, Ga., Julian Webb, Donalsonville, Ga., W. G. Scrantom, Jr., Columbus, Ga., for Charles P. Frith and Morris Henry Frith, Sr.

Jack M. Thornton, Roberts & Thornton, Columbus, Ga., for Douglas Regan, Sr.

Howell Hollis, Foley, Chappell, Hollis & Schloth, Columbus, Ga., for Bobby Ray Lovell.

Before BELL, AINSWORTH and CARSWELL, Circuit Judges.


PER CURIAM:

Dairyland Insurance Company appeals from the District Court's order dismissing its petition for a declaratory judgment. This petition requested a declaration of the rights and other legal relations of the insurer and appellees with respect to a public liability insurance policy Dairyland had issued. Two questions of Georgia law were presented: (1) whether the coverage of the Dairyland policy extended to an action brought by a third person against some...

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