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BRITISH AMERICA ASSUR. CO. v. LAW, UNION & ROCK INS. CO.

No. 5609.

39 F.2d 416 (1930)

BRITISH AMERICA ASSUR. CO. OF TORONTO, CANADA, v. LAW, UNION & ROCK INS. CO., et al. JOHN S. ALDEHOFF & CO. v. BRITISH AMERICA ASSUR. CO. OF TORONTO, CANADA.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 25, 1930.

Attorney(s) appearing for the Case

E. G. Senter and R. W. Mayo, both of Dallas, Tex. (E. G. Senter and R. W. Mayo, both of Dallas, Tex., on the brief), for British America Assurance Co.

Geo. S. Wright, of Dallas, Tex. (Thompson, Knight, Baker & Harris and Geo. S. Wright, all of Dallas, Tex., on the brief), for Law, Union & Rock Ins. Co., Safeguard Ins. Co., Aldehoff, and Moseley.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

Plaintiff brought this suit to recover damages for the alleged breach of a contract of agency and upon open account for sums alleged to have accrued while the defendants John S. Aldehoff & Co. were acting as its general agents for soliciting fire insurance in the states of Texas and Oklahoma. Petitioner alleged:

It entered into a contract with said defendants in December, 1915, which had continued until about the 17th day of February...

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