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FRAZIER v. GLENS FALLS INDEMNITY COMPANY

No. 15610.

278 S.W.2d 388 (1955)

O. S. FRAZIER et al., Appellants, v. GLENS FALLS INDEMNITY COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied May 13, 1955.

Attorney(s) appearing for the Case

Marvin B. Simpson, Fort Worth, for appellant George B. New.

Charles C. Peters, Jr., and (on appeal) Ernest May, Fort Worth, for appellant O. S. Frazier.

Crowley, Wright, Miller & Garrett, S. A. Crowley and John B. Garrett, Fort Worth, for appellee.

MASSEY, Chief Justice.

The Glens Falls Indemnity Company obtained a summary judgment decreeing its non-liability and release from any responsibility under an automobile liability insurance policy as result of breach of condition by its insured. The insured, George W. New, and the injured third person, O. S. Frazier, bring the appeal.

Judgment reversed. Cause remanded for trial on the merits.

Frazier is New's father-in-law. Frazier was injured and his...

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