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YALE v. NATIONAL INDEM. CO.

No. 81-1018.

664 F.2d 406 (1981)

Robert YALE, Ancillary Administrator of the Estate of Joseph Dudley Schofield, Deceased, Appellant, v. NATIONAL INDEMNITY COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1981.

Attorney(s) appearing for the Case

Larry S. Moore, North Wilkesboro, N.C. (Moore & Willardson, North Wilkesboro, N.C., on brief), for appellant.

William C. Raper, Winston-Salem, N.C. (Michael E. Ray, Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., on brief), for appellee.

Before HALL and SPROUSE, Circuit Judges, and RAMSEY, District Judge.

RAMSEY, District Judge.

On June 21, 1973, Joseph Dudley Schofield was fatally shot while he slept on the premises of a carnival run by Big H Shows, Inc. Schofield was shot by Van Helman, the sole shareholder of Big H Shows, and by Todd Allen, Helman's employee. The record is clear that it was the intention of those who attacked Schofield to actually kill another and that the death of Schofield was a mistake. Schofield was 16 years old at the time of his death.

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