HARDWARE MUT. CASUALTY CO. v. SCHANTZ

No. 12594.

178 F.2d 779 (1949)

HARDWARE MUT. CASUALTY CO. v. SCHANTZ et al.

United States Court of Appeals Fifth Circuit.

December 28, 1949.


Attorney(s) appearing for the Case

J. L. Lancaster, Jr., Dallas, Tex., for appellant.

E. E. Murphy, San Angelo, Tex., Earl W. Smith, San Angelo, Tex., for appellees.

Before HUTCHESON, WALLER and RUSSELL, Circuit Judges.


WALLER, Circuit Judge.

Appellant filed a complaint for a declaratory judgment seeking an adjudication of the rights of the parties under a policy of public liability, or indemnity, insurance, issued to appellee, Schantz. Appellees sought to have the cause dismissed for lack of jurisdiction, asserting that since the amount involved had not then been determined, jurisdiction was not made to appear. Without any adjudication of the merits, the lower Court, agreeing with...

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