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AETNA CASUALTY & SURETY CO. v. YATES

No. 21792.

344 F.2d 939 (1965)

The AETNA CASUALTY AND SURETY COMPANY, Appellant, v. Harold C. YATES and Eleanor Catherine Yates, Appellees.

United States Court of Appeals Fifth Circuit.

April 30, 1965.

Attorney(s) appearing for the Case

George Chase, Waco, Tex., Naman, Howell, Smith & Chase, Waco, Tex., for appellant.

Frank B. McGregor, Jack Woods, Waco, Tex., for appellees.

Before TUTTLE, Chief Judge, and BROWN and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge:

Mr. and Mrs. Yates, citizens of Texas, brought this action in a Texas court against The Aetna Casualty and Surety Co., a Connecticut corporation, to recover for damage to their home amounting to $15,900, under a Homeowners All Risk Form of property insurance issued by Aetna. The latter removed to the District Court for the Western District of Texas. The issues of coverage and of amount of damage were tried to a jury which found for Aetna on...

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