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SMITH v. TRAVELERS INSURANCE COMPANY

No. 20448.

438 F.2d 373 (1971)

Sue F. SMITH, Executrix of the Estate of Ray F. Smith, Plaintiff-Appellee, v. The TRAVELERS INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

February 17, 1971.

Attorney(s) appearing for the Case

John P. Branham and Richard D. Taylor, Nashville, Tenn., for defendant-appellant; Glasgow, Adams & Taylor, Nashville, Tenn., on brief.

J. M. Clement, Jr., Dickson, Tenn., for plaintiff-appellee.

Before EDWARDS and MILLER, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

WILLIAM E. MILLER, Circuit Judge.

This removed diversity action concerns appellant's liability on a $50,000.00 Travel Accident Policy issued to appellee's husband. The insured was killed while driving a pickup truck owned and registered in the name of the Smith Machine Tool Company, a business owned by the insured and his family. The insurance policy covered appellee's husband while "riding as a passenger or operator in * * * a passenger automobile of the pleasure...

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