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COWAN v. TRAVELERS INS. CO.

No. 9597.

114 F.2d 1015 (1940)

COWAN et al. v. TRAVELERS INS. CO.

Circuit Court of Appeals, Fifth Circuit.

October 22, 1940.

Attorney(s) appearing for the Case

G. Seals Aiken, of Atlanta, Ga., for appellants.

Edgar A. Neely and Edgar A. Neely, Jr., both of Atlanta, Ga., for appellee.

Before FOSTER, SIBLEY, and HUTCHESON, Circuit Judges.

HUTCHESON, Circuit Judge.

By a complaint, overlong and overwordy, appellant sued appellee for the loss caused by appellee's failure to defend a suit which it had assumed to defend and had led plaintiff to believe it was defending on his behalf. The fact that appellee had issued a policy was pleaded by way of inducement, but the suit was not on the policy nor was it in contract. It was a suit for the damage resulting to plaintiff...

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