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GRIFFIN v. FIDELITY & CASUALTY COMPANY OF NEW YORK

No. 17867.

273 F.2d 45 (1959)

Qually GRIFFIN et al., Appellants, v. FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 29, 1960.

Attorney(s) appearing for the Case

Maurice A. Lehmann, Houston, Tex. (Sidney J. Brown, Rosenberg, Tex., Smith & Lehmann, Houston, Tex., on the brief), for appellants.

Gaius G. Gannon, Jr., Vinson, Elkins, Weems & Searls, Houston, Tex. (Thomas B. Weatherly, Houston, Tex., of counsel), for appellee.

Before RIVES, Chief Judge, and HUTCHESON and TUTTLE, Circuit Judges.

HUTCHESON, Circuit Judge.

Plaintiff-appellee, the insurer in an automobile liability policy issued to one Arthur White on an automobile, alleging that, because of a collision occurring on or about July 28, 1957, White had been sued for damages, sought a declaratory judgment that, because of violations of the notice and cooperation provisions1 of the policy, plaintiff was relieved of all obligations under the policy to defendants, the named...

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