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MOUNTAIN STATES MUTUAL CASUALTY COMPANY v. BARSH

No. 21099.

330 F.2d 200 (1964)

MOUNTAIN STATES MUTUAL CASUALTY COMPANY, Appellant, v. William Henry BARSH, II, Appellee.

United States Court of Appeals Fifth Circuit.

April 8, 1964.

Attorney(s) appearing for the Case

O. F. Jones, III, Jones, Boyd, Westbrook & Lovelace, Waco, Tex., for appellant.

J. Robert Sheehy, Richey, Sheehy, Teeling & Cureton, Waco, Tex., for appellee.

Before TUTTLE, Chief Judge, and RIVES and WISDOM, Circuit Judges.

RIVES, Circuit Judge:

Appellant, Mountain States, filed this suit for declaratory judgment, seeking a holding that under its Policy No. TAC 1502, issued to Appellee, Barsh, on or about August 2, 1962, it had no liability with respect to an automobile accident that occurred on or about September 30, 1962 in Tyler, Smith County, Texas.

The policy in question insured a 1956 International tractor and a 29-foot flatbed trailer. Barsh's agent and employee was driving...

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