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RED BALL MOTOR FREIGHT v. EMPLOYERS MUT. LIABILITY I. CO.

No. 13274.

189 F.2d 374 (1951)

RED BALL MOTOR FREIGHT, Inc., v. EMPLOYERS MUT. LIABILITY INS. CO. OF WISCONSIN.

United States Court of Appeals Fifth Circuit.

May 22, 1951.

Attorney(s) appearing for the Case

Nelson Scurlock, Fort Worth, Tex., for appellant.

Mark Martin, Dallas, Tex., for appellee.

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

HUTCHESON, Chief Judge.

Brought upon an automobile policy insuring a Chevrolet tractor No. 2258, the suit was for the recovery of sums defendant had, under "Coverage-b Property Damage Liability", contracted and agreed to pay on behalf of plaintiff, as insured.

The claim was that the damages sued for were, within the meaning of Coverage-b, "caused by accident and arising out of the ownership, maintenance, or use of the automobile".

The defendant denied...

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