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VEST v. RICHARDSON

No. 4451.

253 So.2d 97 (1971)

Mrs. Evelyn Geoffrey VEST v. Clyde RICHARDSON and State Farm Mutual Automobile Insurance Company.

Court of Appeal of Louisiana, Fourth Circuit.

Dissenting Opinion August 25, 1971.

Rehearing Denied October 7, 1971.

Writ Refused December 2, 1971.

Attorney(s) appearing for the Case

Kenneth C. Hughes, Metairie, for Evelyn Geoffrey Vest.

Adolph J. Levy, Levy, Smith & Pailet, New Orleans, for Clyde Richardson.

Benjamin C. Toledano, Porteous, Toledano, Hainkel & Johnson, New Orleans, for State Farm Mutual Auto. Ins. Co.

Before REGAN, CHASEZ and LEMMON, JJ.

CHASEZ, Judge.

Plaintiff-appellee, Mrs. Evelyn Geoffrey Vest was injured while riding as a guest passenger in an automobile driven by defendant-appellee, Clyde Richardson. State Farm Mutual Insurance Company (State Farm) was sued as the ostensible liability insurance carrier of Clyde Richardson. State Farm answered denying recovery on the basis that Richardson's policy had been rescinded for material misrepresentations in the application. Richardson answered

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