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TOOMER v. SOUTHWEST CASUALTY INSURANCE COMPANY

No. 63-G-63.

231 F.Supp. 542 (1964)

Eugene F. TOOMER, Libelant, v. SOUTHWEST CASUALTY INSURANCE COMPANY, Respondent.

United States District Court S. D. Texas, Galveston Division.

July 8, 1964.

Attorney(s) appearing for the Case

Schirmeyer & Kratochvil, L. G. Kratochvil, Houston, Tex., for libelant.

Fulbright, Crooker, Freeman, Bates & Jaworski, Joseph Newton, Houston, Tex., for respondent.

NOEL, District Judge.

The Court, having on May 21, 1964, ordered the respondent to deposit a bond with the Clerk of the Court pursuant to Article 21.38 § 7 of the Insurance Code of Texas, V.A.T.S., now states its reasons for that order.

Article 21.38 § 7 reads in pertinent parts as follows:

"As to any policy * * * issued by an unauthorized insurer * * and as to any claim arising thereon * * *, before any unauthorized foreign or alien insurer...

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