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GENERAL CAS. CO. AND INS. CO. OF AMERICA v. MILLER

No. 14350.

206 F.2d 196 (1953)

GENERAL CAS. CO. AND INS. CO. OF AMERICA v. MILLER.

United States Court of Appeals Fifth Circuit.

August 6, 1953.

Attorney(s) appearing for the Case

Chas. L. Gowen, Brunswick, Ga. (Gowen, Conyers, Fendig & Dickey, Brunswick, Ga., of counsel), for appellant.

J. H. Highsmith, Baxley, Ga., E. Way Highsmith, Brunswick, Ga., Highsmith & Highsmith, Baxley, Ga., for appellee.

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

RUSSELL, Circuit Judge.

Appellant, as plaintiff below, instituted this action to retroactively cancel a public liability insurance policy issued by it to appellee. The policy, having a term of one year from February 9, 1951, covered a truck used by appellee in connection with his dress manufacturing business at Baxley, Georgia. The complaint alleged the issuance of the policy and, for reasons hereinafter stated, prayed that it be decreed to be void and of no effect...

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