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ALLSTATE INSURANCE COMPANY v. STEVENS

No. 26429.

445 F.2d 845 (1971)

ALLSTATE INSURANCE COMPANY, a corporation, Plaintiff-Appellant, v. Robert G. STEVENS and Himeyo Date, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

July 21, 1971.

Attorney(s) appearing for the Case

Edward R. Bendet (argued), Alexander C. Marrack, Honolulu, Hawaii, for plaintiff-appellant.

Kazuo Oyama (argued), Honolulu, Hawaii, for defendants-appellees.

Before KOELSCH, CARTER and KILKENNY, Circuit Judges.

JAMES M. CARTER, Circuit Judge:

Allstate, in a diversity action brought for declaratory relief, was held obligated to defend Stevens and respond in damages for liability arising out of the use of Stevens' 1958 Volkswagen. Allstate appeals, challenging the trial judge's conclusion, D.C., 313 F.Supp. 819, that the automobile in question was covered by the policy provision relating to the insured's use of an automobile of which he...

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