UNITED STATES CASUALTY COMPANY v. SCHLEIN

No. 20884.

338 F.2d 169 (1964)

UNITED STATES CASUALTY COMPANY, Appellant, v. Elmer L. SCHLEIN, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 16, 1964.


Attorney(s) appearing for the Case

Willard E. Dollahon, Hicks, Dollahon & Wohlt, Houston, Tex., for appellant.

Warner F. Brock, Bates & Brock, Houston, Tex., for appellee.

Before HUTCHESON, RIVES and BROWN, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

The question in this Texas case is whether the District Court was right in holding that false testimony given but shortly retracted by the Assured did not constitute a prejudicial breach of the cooperation clause of an automobile liability policy. We hold the Court was correct and with slight modification affirm.

Indigenous to these many-cornered Donnybrooks, this controversy was waged on several fronts. It all grows out of a...

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