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GENERAL INSURANCE CO. v. WESTERN FIRE & CASUALTY CO.

No. 16196.

241 F.2d 289 (1957)

GENERAL INSURANCE COMPANY OF AMERICA, and Interveners, Sherman L. Jones et al., Appellants, v. WESTERN FIRE & CASUALTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 26, 1957.

Attorney(s) appearing for the Case

J. Carlisle DeHay, Jr., Dallas, Tex., Leachman, Gardere, Akin & Porter, Dallas, Tex., for appellants.

Jas. H. Milam, Lubbock, Tex., Crenshaw, Dupree & Milam, Lubbock, Tex., for appellee.

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

John R. BROWN, Circuit Judge.

Here, as now elsewhere so common, e. g., Continental Casualty Co. v. Suttenfield, 5 Cir., 236 F.2d 433, 435; United Services Automobile Ass'n v. Russom, 5 Cir., 241 F.2d 296, the traffic accident has become a mere incident to the vigorous battle between insurers, each of whom by a full use of fluid inconsistent defenses reminiscent of common law pleading disclaim all...

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