CALLAWAY v. CENTRAL SURETY & INS. CORPORATION

No. 9158.

107 F.2d 761 (1939)

CALLAWAY v. CENTRAL SURETY & INS. CORPORATION.

Circuit Court of Appeals, Fifth Circuit.

December 1, 1939.


Attorney(s) appearing for the Case

H. J. Yarborough, of Dallas, Tex., for appellant.

Allen R. Grambling, of El Paso, Tex., for appellee.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

The appellee sought and obtained in the court below a judgment declaratory of its rights under a policy of liability insurance theretofore issued by it to J. W. Wilford, who prior to the institution of this suit, had been sued by appellant in a Texas state court for damages resulting from the negligent operation of an automobile. The car, which was owned by Wilford and driven by his agent, collided with an automobile in which appellant's wife...

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