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CAGLE v. UNITED STATES FIDELITY & GUARANTY COMPANY

No. A-10636.

389 S.W.2d 945 (1965)

Clarence L. CAGLE, Petitioner, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied May 19, 1965.

Attorney(s) appearing for the Case

Herrick & Tillman, Fort Worth, for petitioner.

Brown, Day & Crowley, Fort Worth, for respondent.

PER CURIAM.

We are not in accord with the holding of the Court of Civil Appeals that Clarence L. Cagle was judicially estopped by former inconsistent testimony. However, the trial court correctly granted judgment notwithstanding the verdict, and the Court of Civil Appeals properly affirmed the judgment. 386 S.W.2d 149. The application for a writ of error is therefore refused, no reversible...

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