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SIMON v. MARYLAND CASUALTY COMPANY

No. 22073.

353 F.2d 608 (1965)

L. G. SIMON, doing business as Simon Electric Company, Appellant, v. MARYLAND CASUALTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 23, 1965.

Attorney(s) appearing for the Case

W. C. Peticolas, El Paso, Tex., for appellant.

William Duncan, El Paso, Tex., for appellee.

Before HUTCHESON, BROWN and COLEMAN, Circuit Judges.

JOHN R. BROWN, Circuit Judge:

The question in this case is whether the defense coverage provisions and no action clause of a general liability policy are to be read so literally that an assured, who in an adversary proceeding has been adjudicated guilty of negligence by a constitutional court,1 is denied any coverage because the suit was by, not against, him and no affirmative monetary judgment was rendered against him. The District Court...

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