DUNN v. TRAVELERS INDEMNITY CO.

No. 9825.

123 F.2d 710 (1941)

DUNN v. TRAVELERS INDEMNITY CO. et al.

Circuit Court of Appeals, Fifth Circuit.

November 25, 1941.


Attorney(s) appearing for the Case

Ralph W. Malone and Curtis White, both of Dallas, Tex., for appellant.

Pinkney Grissom and Wm. M. Cramer, both of Dallas, Tex., for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.


HOLMES, Circuit Judge.

The Travelers Indemnity Company, proceeding under the Declaratory Judgment Act, 28 U.S.C.A. § 400, secured a judgment in the court below holding that it was discharged from responsibility to defend any suit, or pay any judgment, arising out of a certain accident involving its insured, for the reason that the insured had failed to give notice to the company as required by the insurance contract. The question before us on appeal is whether...

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