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NATIONAL BANK OF COMMERCE v. ROYAL EXCH. ASSUR. OF AMER.

No. 71-1191.

455 F.2d 892 (1972)

NATIONAL BANK OF COMMERCE, Executor of the Estate of Earl W. Smith, Jr., Plaintiff-Appellant, v. ROYAL EXCHANGE ASSURANCE OF AMERICA, INC., et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

February 17, 1972.

Attorney(s) appearing for the Case

Charles G. Black, Memphis, Tenn., Michael T. Hartsfield, Memphis, Tenn., of counsel, for appellant.

James M. Manire, Memphis, Tenn., for Royal Exchange Assur. of America, Inc., and William H. McGee & Co.; Max Shelton, Chandler, Manire, Johnson & Harris, Memphis, Tenn., Henry E. Otto, Richard T. Graham & Assoc. New York City, on brief.

W. Frank Crawford, Memphis, Tenn., for Charles W. Harmon & Co., Charles W. Canon and Tom Webb; Thomason, Crawford & Hendrix, Memphis, Tenn., on brief.

Before CELEBREZZE, BROOKS, and KENT, Circuit Judges.

CELEBREZZE, Circuit Judge.

This is an appeal from the District Court's judgment for Defendants-Appellees in a suit involving insurance coverage on a 41-foot yacht owned by Earl W. Smith, Jr. The yacht sank on the Mississippi River near Memphis, Tennessee, on July 14, 1968, taking the life of a guest, Mrs. Joan Heimert Talbot, whose administratrix has filed a wrongful death action against Smith. Defendants-Appellees denied insurance coverage as to the yacht itself...

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