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GIBBS v. ALLSTATE INSURANCE CO.

No. 16592.

386 S.W.2d 606 (1965)

Meredith GIBBS et al., Appellants, v. ALLSTATE INSURANCE COMPANY et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 12, 1965.

Attorney(s) appearing for the Case

Jones, Fillmore, Robinson & Lambert, and Kenneth Ray Farabee, Wichita Falls, for appellants Meredith Gibbs and others.

Gowin Davis, Wichita Falls, for appellant Bruce L. Odom.

Humphrey, Gibson & Darden, and Lee Humphrey, Wichita Falls, for appellant John H. Humphrey.

Nelson & Sherrod and Eugene Sherrod, Jr., Wichita Falls, for appellee Allstate Insurance Co.

RENFRO, Justice.

Suit No. 72442-C was filed in Wichita County by Meredith and Barbara Gibbs against Bruce L. Odom for injuries sustained by them in an automobile collision with Odom.

Odom called upon Allstate Insurance Company to defend him in said suit. Allstate refused.

Allstate filed suit No. 72745-C in which it prayed that judgment be entered declaring there was no policy in force or other contract between Odom and Allstate, and that it had no...

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