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DRIGGERS v. BUSINESS MEN'S ASSURANCE CO. OF AMERICA

No. 15160.

219 F.2d 292 (1955)

Hubert Wesley DRIGGERS, v. BUSINESS MEN'S ASSURANCE COMPANY OF AMERICA.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 24, 1955.

Attorney(s) appearing for the Case

William D. Kimbrough, John J. Watts, Odessa, Tex., for appellant.

Ralph W. Malone, Dallas, Tex., Henry Russell, Pecos, Tex., Malone, Lipscomb & Seay, Dallas, Tex., for appellee.

Before HUTCHESON, Chief Judge, RIVES, Circuit Judge, and DAWKINS, District Judge.

RIVES, Circuit Judge.

This appeal is from a summary judgment entered in an action described by appellee as simply an attempt to retry a case finally adjudged against the appellant in Driggers v. Business Men's Assurance Company of America, 5 Cir., 1952, 199 F.2d 911. The present action was filed on February 12, 1954.

With a few changes in the amounts claimed to be due and owing and for which judgment is demanded, the complaint...

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