AETNA LIFE INSURANCE CO. v. TEXAS GULF SULPHUR CO.

No. 15776.

235 F.2d 791 (1956)

AETNA LIFE INSURANCE COMPANY, Appellant, v. TEXAS GULF SULPHUR COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 8, 1956.


Attorney(s) appearing for the Case

W. N. Arnold, Jr., Houston, Tex., W. Braxton Dew, Hartford, Conn., Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., for appellant.

Thos. M. Phillips, Houston, Tex., Baker, Botts, Andrews & Shepherd, Houston, Tex., F. G. Coates, James L. Read, Houston, Tex., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.


PER CURIAM.

As the opinion of Chief Judge Hutcheson so colorfully portrays the case, accurately delineates the issues, expounds the competing contentions and, by contrasting the large area of our mutual agreement with the limited scope of our differences, effectively emphasizes the point of departure, we think it best to indicate briefly our disagreement in result and reasoning and thus preserve the continuity of that opinion.

We are all in agreement that...

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