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PHOENIX INSURANCE CO. v. NATIONWIDE MUTUAL INS. CO.

Civ. No. 2923.

335 F.Supp. 671 (1972)

The PHOENIX INSURANCE COMPANY, Plaintiff, v. NATIONWIDE MUTUAL INSURANCE COMPANY and Larry Evans Rice, Defendants.

United States District Court, D. Montana, Great Falls Division.

January 5, 1972.

Attorney(s) appearing for the Case

Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for plaintiff.

Cure & Borer, Great Falls, Mont., for defendants.

OPINION AND ORDER

RUSSELL E. SMITH, Chief Judge.

This case involves a dispute between insurance companies as to policy coverages. It is agreed that Torske Rambler Sales and Service, Inc. (Torske), the owner of a new 1967 Rambler automobile, permitted Larry Evans Rice (Rice), a prospective purchaser, to try it out. While using the car within the limits of his permission Rice had an accident as a result of which Nina Moser was killed.

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