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LIBERTY MUT. INS. CO. v. MUELLER

No. 77-1577.

570 F.2d 508 (1978)

LIBERTY MUTUAL INSURANCE COMPANY, a Massachusetts Corporation, Appellee, v. Teddy E. MUELLER, a Virginia resident, and Ronald Dean Mueller, and Paul J. Puckett, Administrator of the Estate of Clarence H. Caviness, Deceased, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 23, 1978.

Attorney(s) appearing for the Case

Richard C. Pattisall, Roanoke, Va., for appellants.

S. D. Roberts Moore, Roanoke, Va. (Gentry, Locke, Rakes & Moore, Roanoke, Va., on brief), for appellee.

Before FIELD, Senior Circuit Judge, and WIDENER and HALL, Circuit Judges.

PER CURIAM:

Liberty Mutual Insurance Company issued a policy of insurance to Checker Cab Company of Virginia, Inc., which operates an Avis Rent-A-Car facility in Roanoke, Virginia.

A vehicle was rented from Avis by one Carrico under a contract which contained a provision that the vehicle "shall not be operated" "by any person other than the Renter or (1) the employer, partner, or an executive officer or regular employee of Renter or (2) any member of Renter...

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