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MISSOURI GENERAL INSURANCE COMPANY v. YOUNGBLOOD

No. 74-3148.

515 F.2d 1254 (1975)

MISSOURI GENERAL INSURANCE COMPANY, Plaintiff-Appellant, v. John David YOUNGBLOOD and Roger Gayden et al., etc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 16, 1975.

Attorney(s) appearing for the Case

Lester F. Sumners, New Albany, Miss., for plaintiff-appellant.

James McClure, Jr., Sardis, Miss., Dulaney & Dulaney, Tunica, Miss., for defendants-appellees.

Before BROWN, Chief Judge, and GEWIN and THORNBERRY, Circuit Judges.

GEWIN, Circuit Judge:

The appellant, Missouri General Insurance Company (Company), commenced this action for declaratory judgment pursuant to 28 U.S.C. § 2201 in order to ascertain the validity of an "offset" provision included in a policy issued by it to Floyd Thornberg, the owner of a pick-up truck involved in a collision with an uninsured motorist. Thornberg's son, the driver of the truck at the time of the collision, was killed, and his passengers, the appellees...

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