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CAPITOL AGGREGATES, INC. v. GREAT AMERICAN INS. CO.

No. 11333.

396 S.W.2d 419 (1965)

CAPITOL AGGREGATES, INC., Appellant, v. GREAT AMERICAN INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied December 1, 1965.

Attorney(s) appearing for the Case

Clark, Thomas, Harris, Denius & Winters, John Coates, Mary Joe Carroll, Austin, Groce, Hebdon, Fahey & Smith, Josh H. Groce, San Antonio, for appellant.

Brown, Sparks & Erwin, Will G. Barber, Austin, for appellee.

HUGHES, Justice.

The parties present this case upon an agreed statement. The controversy concerns the right of Great American Insurance Company, appellee and Workmen's Compensation insurance carrier for employee, Costilla W. Franks, to recover from Mr. Franks and Capitol Aggregates, Inc., appellant and third party tortfeasor as to Mr. Franks, the amount paid Mr. Franks by Capitol Aggregates in settlement of his claim against...

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