COBB, Judge.
This is the second appearance before this court of the same matter. The facts giving rise to this controversy show that the respondent, John Russell Graham, was a passenger in an automobile driven by David T. Cavalere, owned by Virginia E. Cavalere, and insured by Allstate Insurance Company, the latter three parties being the petitioners for certiorari herein and in the prior petition resulting in our opinion in Cavalere v. Graham,
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