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ORKIN EXTERM. CO. v. MASSACHUSETTS BONDING & INS. CO.

No. 14673.

400 S.W.2d 20 (1965)

ORKIN EXTERMINATING COMPANY, Inc., Appellant, v. MASSACHUSETTS BONDING AND INSURANCE COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Houston.

On Motions for Rehearing February 17, 1966.

Second Motion for Rehearing Denied March 17, 1966.

Attorney(s) appearing for the Case

Robert H. Singleton, Houston, Butler, Binion, Rice, Cook & Knapp, Houston, of counsel, for appellant.

The Kempers, Houston, John D. Richardson, Houston, of counsel, for appellee.

Newton Gresham and Sam W. Cruse, Houston, on motion for rehearing amicus curiae.

COLEMAN, Justice.

By this suit appellant seeks to recover from appellee the amounts paid by appellant to satisfy a judgment previously secured against it by Gulf Coast Rice Mills. The cause of action is based on a comprehensive liability insurance policy. Both parties filed motions for summary judgment based on the pleadings, admissions, depositions and affidavits before the court. The trial court sustained appellees' motion and entered judgment that appellant take...

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