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OHIO CASUALTY INSURANCE COMPANY v. NUNEZ

No. 367.

134 So.2d 309 (1961)

OHIO CASUALTY INSURANCE COMPANY, Plaintiff and Appellant, v. Edras NUNEZ et al., Defendant and Appellee.

Court of Appeal of Louisiana, Third Circuit.

November 6, 1961.

Attorney(s) appearing for the Case

Liskow & Bond, by George W. Liskow, Lake Charles, for plaintiff-appellant.

Jones & Jones, by Jerry G. Jones, Cameron, for defendant-appellee.

Before FRUGÉ, CULPEPPER and HOOD, JJ.

HOOD, Judge.

Ohio Casualty Insurance Company, the insurer of O. D. and Nola Mae McFillen, d/b/a McFillen Air Park, instituted this action against Frederick B. Nunez and his father, Edras Nunez, to recover the amount which plaintiff paid to the McFillens under an all-risk insurance policy covering an airplane alleged to have been damaged by the negligence of Frederick B. Nunez.

The trial court sustained an exception of no cause of action filed by one of the...

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