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MILLERS MUT. F. INS. CO. OF TEX. v. AMERICAN FID. F. INS. CO.

No. 65-112.

178 So.2d 742 (1965)

MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, a foreign corporation, Appellant, v. AMERICAN FIDELITY FIRE INSURANCE COMPANY, a foreign corporation, Phillip Bonanno, Louise Bonanno, and Sue Hauser, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 19, 1965.

Attorney(s) appearing for the Case

Welsh, Cornell, Carlton & Walsh, and Joe N. Unger, Miami, for appellant.

Fuller & Brumer, and Kenneth L. Ryskamp, Miami, for American Fidelity Fire Ins. Co.

Before HENDRY, C.J., and CARROLL and SWANN, JJ.

CARROLL, Judge.

By this appeal Millers Mutual Fire Insurance Company of Texas, herein referred to as Millers Mutual, one of the defendants below, seeks reversal of a declaratory decree. The questions involved and the factual background are disclosed by the decree of the circuit court as follows:

"This Cause came before the Court for final hearing upon Stipulation of the parties waiving formal notice of same, and all parties being represented at the hearing...

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