457 F.2d 794: Howard L. Jones, Plaintiff and Appellant, v. State Farm Mutual Insurance Company et al., Appellees

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United States Court of Appeals, Ninth Circuit. - 457 F.2d 794

March 6, 1972

Donald Kennedy (argued), Jack Halpin, Ira M. Shadwell, Redding, Cal., for appellant.

William A. Wilson (argued), of Hardy, Erich & Brown, Sacramento, Cal., Thomas Marsh, of Rich, Fuidge, Dawson, Marsh, Morris, Sandbrook & Noonan, Marysville, Cal., for appellee.

Before CHAMBERS and GOODWIN, Circuit Judges, and SCHWARTZ, District Judge.

PER CURIAM:

1

The judgment of the district court denying coverage by State Farm Mutual (on its policy issued to Price, employer of Purdom, the driver of the pick-up truck that injured plaintiff Jones) is affirmed.

2

The pick-up was owned by Purdom and he was engaged in the business of Price at the time of the accident.

3

We agree with the district court that the business exclusion clause of State Farm Mutual's policy lets State Farm Mutual escape.