BEDNARZ v. CONTINENTAL INSURANCE COMPANY

No. 71-2651 Summary Calendar.

453 F.2d 372 (1972)

Alex BEDNARZ, Administrator of the Estate of John Alex Bednarz, Deceased, Plaintiff-Appellee, and Will O. Kelly and wife, Eathul Kelly, Intervenors-Appellees, v. The CONTINENTAL INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 7, 1972.


Attorney(s) appearing for the Case

Cecil Kuhne, Crenshaw, Dupree & Milam, Lubbock, Tex., for appellant.

Bob Gibbons, Plainview, Tex., for John Alex Bednarz.

James L. Gallagher, El Paso, Tex., for plaintiff-appellee; Scott, Hulse, Marshall & Feuille, El Paso, Tex., of counsel.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.


PER CURIAM:

The sole question presented in this appeal is whether the daughter of appellee Bednarz was on August 22, 1968, "a resident of the same household" as her father under the terms of an insurance contract. The district court answered in the negative and we affirm.

On August 22, 1968, Bednarz's minor son was driving an automobile owned by his sister in which she was riding as a passenger. This automobile was involved in an accident with an automobile...

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