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EASON v. WEAVER

No. 75-2056.

557 F.2d 1202 (1977)

Matthew EASON, Plaintiff-Appellee, v. George L. WEAVER, Defendant, v. RESERVE INSURANCE COMPANY, Garnishee-Appellant.

United States Court of Appeals, Fifth Circuit.

August 22, 1977.

Attorney(s) appearing for the Case

Edward J. Henning, Atlanta, Ga., Ward D. Hull, Decatur, Ga., for garnishee-appellant.

O. Torbitt Ivey, Augusta, Ga., for plaintiff-appellee.

J. Walker Harper, Augusta, Ga., for Weaver.

Before TUTTLE, GOLDBERG and RONEY, Circuit Judges.

RONEY, Circuit Judge:

In this diversity garnishment case, Matthew Eason, a passenger injured in an automobile accident, who obtained a judgment against the driver, seeks recovery from the driver's liability insurer. The insurance company, relying on policy exclusions, denies coverage on two grounds: (1) the driver was under the influence of intoxicants at the time of the accident, and (2) the passenger was carried for consideration. The district court entered summary...

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