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MARYLAND CASUALTY COMPANY v. MITCHELL

No. 20384

322 F.2d 37 (1963)

MARYLAND CASUALTY COMPANY, Appellant, v. Mike H. MITCHELL et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 29, 1963.

Attorney(s) appearing for the Case

Griffith D. Lambdin, Armstrong, Bedford & Lambdin, Galveston, Tex., for appellant, Maryland Cas. Co.

Jerry D. Barker, Theodore B. Stubbs, Owen D. Barker, Galveston, Tex. (Ralph Crawford and Barker, Barker & Coltzer, Galveston, Tex., of counsel), for appellee, Mike H. Mitchell.

Before HUTCHESON, GEWIN and BELL, Circuit Judges.

HUTCHESON, Circuit Judge.

This is an appeal by the insurer from a decision of the district court, holding in favor of the appellee, Mike Mitchell, in his suit for recovery on a liability policy covering the appellee-insured, Jimmy Mascorro.

This case is the second of two suits in connection with injuries sustained by Mitchell and caused by Mascorro. In the first suit, against Mascorro in a state court in Galveston County, Texas, Mitchell sought damages for...

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