State Farm Mutual Automobile Insurance Company v. Harvey Thomas Smoot, Jr.

381 F.2d 331

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant,

v.

Harvey Thomas SMOOT, Jr., Appellee.

No. 23789.

United States Court of Appeals Fifth Circuit.

July 24, 1967.

Alex A. Lawrence, Robert M. Hitch, Savannah, Ga., Kirk McAlpin, Atlanta, Ga., for appellant, Bouhan, Lawrence, Williams & Levy, Savannah, Ga., of counsel.

Alton D. Kitchings, Savannah, Ga., for appellee.

Before COLEMAN and AINSWORTH, Circuit Judges, and CARSWELL, District Judge.

COLEMAN, Circuit Judge:

1

There is an old folk saying, the origin of which I know not, that "the third try is the charm". The legal warfare…