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BATTLES v. BRANIFF AIRWAYS

No. 11063.

146 F.2d 336 (1944)

BATTLES v. BRANIFF AIRWAYS, Inc.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied February 6, 1945.

Attorney(s) appearing for the Case

Marion B. Solomon, of Dallas, Tex., for appellant.

Lucian Touchstone and Allen Wight, both of Dallas, Tex., for appellee.

Before HUTCHESON, WALLER, and LEE, Circuit Judges.

HUTCHESON, Circuit Judge.

As receiver of an insolvent reciprocal insurance association, Battles brought this suit on two claims. One was for unpaid premiums. The other was on a judgment entered in an assessment suit brought against named subscribers other than Braniff, individually and as representatives of a class. The defenses to the claim for unpaid premiums were (1) that the policy sued on had been issued under an agreement for no liability for premiums beyond...

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