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EMICK v. DAIRYLAND INSURANCE COMPANY

Nos. 75-1015, 75-1016.

519 F.2d 1317 (1975)

Dudley J. EMICK, Jr., Administrator of the Estate of Jack Wesley Minnich, et al., Appellees, v. DAIRYLAND INSURANCE COMPANY, a Wisconsin Corporation, Defendant. Appeal of MIDDLESEX MUTUAL INSURANCE COMPANY, a Massachusetts Corporation. Dudley J. EMICK, Jr., Administrator of the Estate of Jack Wesley Minnich, et al., Appellees, v. DAIRYLAND INSURANCE COMPANY, a Wisconsin Company, Appellant, and Middlesex Mutual Insurance Company, a Massachusetts Corporation, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided August 6, 1975.

Attorney(s) appearing for the Case

Frank N. Cowan, Richmond, Va. (Gordon, Cowan & Dodson, Richmond, Va., on brief), for appellant in No. 75-1016.

S. D. Roberts Moore, Roanoke, Va. (Gentry, Locke, Rakes & Moore, Roanoke, Va., on brief), for appellant in No. 75-1015.

Thomas T. Lawson, Roanoke, Va., James M. Roe, Jr., Fincastle, Va. (Dudley J. Emick, Jr., Carter, Roe, Emick & Honts, Fincastle, Va., Woods, Rogers, Muse, Walker & Thornton, Roanoke, Va., on brief), for appellees in Nos. 75-1015 and 75-1016.

Before HAYNSWORTH, Chief Judge, ANDERSON, Senior Circuit Judge, and CRAVEN, Circuit Judge.

ROBERT P. ANDERSON, Circuit Judge:

On January 18, 1974 a judgment was entered in the Circuit Court of Roanoke County, State of Virginia in the amount of $75,507.50 (consisting of $50,000 for financial or pecuniary loss; $25,000 for solace; $500 for funeral expenses and $7.50 for medical expenses) in favor of Dudley J. Emick, Jr., as Administrator of the Estate of Jack Wesley Minnich, deceased, and against Sheriff T. J. Cundiff as Administrator of the Estate of David...

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