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RANGER INSURANCE COMPANY v. CULBERSON

No. 71-1515.

454 F.2d 857 (1971)

RANGER INSURANCE COMPANY, Plaintiff-Appellant, v. Mrs. Miriam G. CULBERSON, as Executrix of the Estate of W. A. Culberson, Defendant-Appellee. Carol Brown MacLEAN, as Executrix, Plaintiff-Appellee, v. Miriam G. CULBERSON, as Administratrix, Defendant-Third Party Plaintiff-Appellee, v. RANGER INSURANCE COMPANY, Third Party Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied January 26, 1972.

Attorney(s) appearing for the Case

Lloyd Sutter, Sewell K. Loggins, E. Smythe Gambrell, Gambrell, Russell, Killorin, Wade & Forbes, Atlanta, Ga., for Ranger Ins. Co.

Gambrell & Mobley, Albert Sidney Johnson, Robert D. Feagin, III, Atlanta, Ga., for Miriam G. Culberson.

Swift, Currie, McGhee & Hiers, Glover McGhee, Atlanta, Ga., Pindar, McElroy, Connell, Foley & Geiser, Newark, N. J., Kreindler & Kreindler, Alan J. Konigsberg, New York City, for Carol Brown MacLean; Stanley J. Levy, New York City, of counsel.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

Rehearing and Rehearing En Banc Denied January 26, 1972.

GOLDBERG, Circuit Judge:

The facts of these two consolidated cases, both the tragic and the technical, are not in dispute. An airplane crash in New York claimed the lives of two men, and we are asked to construe the insurance policy that allegedly covered one of them, the pilot. The district court, on cross-motions for summary judgment, held that the policy...

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