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O'HANLON v. HARTFORD ACC. & INDEM. CO.

Nos. 80-1216, 80-1217.

639 F.2d 1019 (1981)

Patrick J. O'HANLON, individually and as Administrator of the Estate of Brian O'Hanlon, Plaintiff, Appellant/Cross-Appellee, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut corporation, Nationwide Mutual Insurance Company, an Ohio corporation, Defendants, and Insurance Company of North America, a Pennsylvania corporation, Defendant, Appellee/Cross-Appellant.

United States Court of Appeals, Third Circuit.

Decided January 30, 1981.

Attorney(s) appearing for the Case

David Roeberg (argued), Frederick T. Haase, Jr., Roeberg & Associates, P.A., Wilmington, Del., for appellant Patrick J. O'Hanlon, etc.

F. Alton Tybout (argued), Tybout, Redfearn, Casarino & Pell, Wilmington, Del., for appellee/cross-appellant, Insurance Company of North America.

Before SEITZ, Chief Judge, HIGGINBOTHAM, Circuit Judge and MEANOR, District Judge.

OPINION OF THE COURT

MEANOR, District Judge.

On September 12, 1974, plaintiff's decedent, Brian O'Hanlon, was a passenger in an automobile being operated by a Michael Ryan. Ryan and the operator of a never identified vehicle engaged in a drag race. Ryan's car, without making contact with the unidentified vehicle, was forced off the road where it collided with apparently immovable objects. Brian O'Hanlon suffered devastating personal injuries from which his...

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