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PHILLIPS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE CO.

No. 29661.

437 F.2d 365 (1971)

Kathryn Ryals PHILLIPS, Plaintiff-Appellee, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 25, 1971.

Attorney(s) appearing for the Case

T. Reese Watkins, Cubbedge Snow, Jr., Cubbedge Snow, Macon, Ga., for defendant-appellant; Harris, Russell & Watkins, Martin, Snow, Grant & Napier, Macon, Ga., of counsel.

James E. Peugh, Joseph B. Duke, Milledgeville, Ga., for plaintiff-appellee.

Before BELL, DYER and RONEY, Circuit Judges.

BELL, Circuit Judge:

This is a diversity action having to do with payment due under an uninsured motorist endorsement to an insurance policy. For reasons hereinafter set forth, we affirm in part, reverse and render in part, and reverse for a new trial in part.

On September 16, 1967, Kathryn Ryals, now Phillips by virtue of a subsequent marriage, was injured in an automobile accident while riding in a car driven by Dannie Sheppard. This was a one car accident...

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