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RICE v. CONTINENTAL CASUALTY CO.

No. 11425.

153 F.2d 964 (1946)

RICE et al. v. CONTINENTAL CASUALTY CO.

Circuit Court of Appeals, Fifth Circuit.

March 6, 1946.

Attorney(s) appearing for the Case

Howell Ward, of Corpus Christi, Tex., and W. B. Moss, of Sinton, Tex., for appellants.

Gordon Boone, Hood Boone, Allen V. Davis, and T. H. Burruss, all of Corpus Christi, Tex., for appellee.

Before SIBLEY, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

This is an action to recover the balance alleged to be due the plaintiff (appellee here) as premiums on three compensation-insurance policies. The controversy arose over the proper rate that should have been charged, it being conceded that the rate should have been either $2.70 or $4.36 per hundred dollars of payroll, dependent upon the proper classification of the risks by the Board of Insurance Commissioners...

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