GREEN v. AETNA INSURANCE COMPANY

No. 21184.

349 F.2d 919 (1965)

A. C. GREEN, Jr., and H. H. Parker, Individually and as Partners, G & G Machine Works, et al., Appellants, v. AETNA INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 27, 1965.


Attorney(s) appearing for the Case

William Q. Boyce, Amarillo, Tex., Jack Banner, Wichita Falls, Tex., for appellants.

David Bland, Houston, Tex., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.


JOHN R. BROWN, Circuit Judge.

This appeal challenges a declaratory judgment rendered on the Insurer's motion for summary judgment, F.R.Civ.P. 56, declaring that the Insurer is not obligated to defend a damage suit or pay any judgment rendered therein. Although the specific issue presented is the construction and application of policy terms, our disposition is affected by principles which bear on granting declaratory relief. 28 U.S.C.A. § 2201.

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