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MARYLAND CAS. CO. v. NEIMAN-MARCUS CO.

No. 13131.

186 F.2d 140 (1951)

MARYLAND CAS. CO. v. NEIMAN-MARCUS CO.

United States Court of Appeals Fifth Circuit.

January 5, 1951.

Attorney(s) appearing for the Case

W. J. Holt, Harold Hoffman, and Pat Coon, all of Dallas, Tex., for appellant.

Newton Gresham, Houston, Tex., William A. Rembert, Jr., J. L. Lancaster, Jr., Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, and McCORD and BORAH, Circuit Judges.

HUTCHESON, Chief Judge.

The suit was against several insurers for the recovery of losses the insured had sustained. The complaint, alleging that the defendants named had investigated the loss suffered and had agreed that the amount claimed, $80,344.52 was correct, set forth a schedule1 apportioning it among the defendants. It then went on to say: that defendant, Maryland Casualty Company, had taken the position that the damage to plaintiff...

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