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TRAVELERS INSURANCE COMPANY v. BROWN

No. 21239.

338 F.2d 229 (1964)

The TRAVELERS INSURANCE COMPANY, Appellant, v. Mrs. Ada Z. BROWN, Individually, and as Natural Tutrix of Ambrose Floyd Brown, Jr., Thomas Harry Brown, Sandra LaVerne Brown and Vickie Helen Brown, Appellee. v. John W. SCOTT, Appellant, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 4, 1965.

Attorney(s) appearing for the Case

C. W. Phillips, Taylor, Porter, Brooks, Fuller & Phillips, Baton Rouge, La., for The Travelers Ins. Co., defendant-appellant.

Calvin E. Hardin, Jr., Wallace A. Hunter, Baton Rouge, La., for plaintiffs-appellees-cross-appellants, David E. Cooley, Slidell, La., of counsel.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.

WISDOM, Circuit Judge.

This industrial accident tort case, a diversity action arising in Louisiana, raises issues of pleading, the interpretation of an insurance policy, and the sufficiency of evidence supporting the judgment. The district court held that the amendment of the complaints was only "clarifying" in nature and was thus not prescribed by limitation. It held that the plaintiffs were not barred by the "cross-employee" exclusion in the defendant's public liability...

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