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ST. PAUL FIRE AND MARINE INSURANCE COMPANY v. LACK

Nos. 72-2294, 72-2295.

476 F.2d 583 (1973)

ST. PAUL FIRE AND MARINE INSURANCE COMPANY, v. Herbert Phillip LACK, Appellant, v. Charles M. IVEY, Jr., Administrator of the Estate of Mary Carolyn Lack, Appellee. ST. PAUL FIRE AND MARINE INSURANCE COMPANY, Appellant, v. Herbert Phillip LACK, Appellee, and Charles M. Ivey, Jr., Administrator of the Estate of Mary Carolyn Lack, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided March 29, 1973.

Attorney(s) appearing for the Case

Joseph E. Elrod, III, Greensboro, N. C. (Perry C. Henson and Joseph E. Elrod, III, Greensboro, N. C., on brief), for appellant in No. 72-2294.

William D. Caffrey, Greensboro, N. C. (Eugene W. Purdom and Jordan, Wright, Nichols, Caffrey & Hill, Greensboro, N. C., on brief), for appellant in No. 72-2295.

Martin W. Erwin, Greensboro, N. C. (Jack W. Floyd, Smith, Moore, Schell & Hunter, Greensboro, N. C., on brief), for appellee Charles M. Ivey, Jr., in No. 72-2294 and for appellees in No. 72-2295.

Before RUSSELL and FIELD, Circuit Judges, and BRYAN, District Judge.

ALBERT V. BRYAN, Jr., District Judge:

Herbert Phillip Lack (Lack), after fatally shooting his wife during a marital dispute, pled guilty to the charge of "voluntary manslaughter." Charles M. Ivey, Jr., the Administrator of the Estate of Mary Carolyn Lack (Administrator), then instituted in a North Carolina state court a civil suit for wrongful death against Lack alleging negligence. The St. Paul Fire and Marine Insurance...

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