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AMERICAN EMPLOYERS INSURANCE COMPANY v. ZABLOSKY

No. 18550.

292 F.2d 412 (1961)

AMERICAN EMPLOYERS INSURANCE COMPANY, Appellant, v. John ZABLOSKY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 14, 1961.

Attorney(s) appearing for the Case

James A. Williams, Dallas, Tex., for appellant.

William P. Fonville, J. Alex Blakeley, Alan D. Feld, Dallas, Tex., for appellee.

Before JONES and BROWN, Circuit Judges, and CARSWELL, District Judge.

JONES, Circuit Judge.

The appellee, John Zablosky, was struck by a truck which was driven by Roy Alvin Tucker, an employee of H. L. Flynt. Zablosky sued Flynt and Tucker in a Texas State court seeking damages for his injuries sustained and recovered judgment for $100,000, with interest and costs. Execution was issued and returned nulla bona. Basing federal jurisdiction on diversity of citizenship, Zablosky sued American Employers Insurance Company, herein referred...

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