COWAN v. TRAVELERS

No. 10104.

131 F.2d 410 (1942)

COWAN v. TRAVELERS INS. CO.

Circuit Court of Appeals, Fifth Circuit.

November 7, 1942.


Attorney(s) appearing for the Case

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

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

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.


HUTCHESON, Circuit Judge.

When this case was here before,1 it was on an appeal from a dismissal for failure to state a claim upon which relief could be granted. Holding, "if plaintiff can show as he alleged, that the defendant through persons having authority to act for it, (1) assumed the defense of the suit against him, (2) neglected to defend it, and that if the suit had been defended, the defense would have been successful in whole...

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