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KANSAS CITY FIRE & MARINE INSURANCE CO. v. DUNCAN

No. 7178.

330 S.W.2d 469 (1959)

KANSAS CITY FIRE & MARINE INSURANCE COMPANY, Appellant, v. E. P. DUNCAN, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied December 29, 1959.

Attorney(s) appearing for the Case

William E. Wiggins, Texarkana, for appellant.

Harry B. Friedman, Harkness & Friedman, Texarkana, for appellee.

CHADICK, Chief Justice.

This is a suit upon an automobile insurance policy filed by E. P. Duncan against the Kansas City Fire & Marine Insurance Company to recover damage to an automobile under the terms of the policy issued by the appellant. Judgment of the trial court awarding Duncan a recovery is affirmed.

Appellee Duncan's initial act in the trial of the case was to propose a stipulation that all issues in the case were agreed upon other than damages...

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