St. Paul Mercury Insurance Company v. Juanita Frances Price and Tri-State Wholesale Associated Grocers, Inc.

GRIFFIN B. BELL, Circuit Judge:

The issue in this case concerns whether coverage is afforded an airplane pilot in view of an exclusion in an insurance contract. As in Paul Revere Life Insurance Company v. First National Bank in Dallas, Administrator, 5 Cir., 1966, 359 F.2d 641, we abstained on the previous appearance of the case.1 St. Paul Mercury Insurance Company v. Price, 5 Cir., 1964, 329 F.2d 687.

In the interim, St. Paul Mercury obtained a declaratory judgment in the District Court for El Paso County, Texas that there was no coverage under the policy in question but the case was dismissed…