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SMITH v. ALLSTATE INSURANCE COMPANY

No. 71-3185.

467 F.2d 104 (1972)

Robert J. SMITH and Kazuko Smith, Plaintiffs-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied August 29, 1972.

Attorney(s) appearing for the Case

Mark Z. Levbarg, Mack Kidd, Herrington, Levbarg & Weeks, Austin, Tex., for plaintiffs-appellants.

John Coates, Mary Joe Carroll, Clark, Thomas, Harris, Denius & Winters, Austin, Tex., for defendant-appellee.

Before GOLDBERG, DYER and SIMPSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 29, 1972.

DYER, Circuit Judge:

The Smiths, having obtained a judgment against Sandra Wolf for personal injuries suffered by them as a result of an automobile collision, sued Allstate, who insured Sandra's father, claiming that his policy covered Sandra while she was driving a non-owned automobile which she had purchased but for which no certificate of title had been issued to her. The district court granted summary...

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