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PRUDENTIAL INSURANCE COMPANY OF AMERICA v. MORROW

No. 23030.

368 F.2d 813 (1966)

The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant, v. Ruby Jean MORROW et al., Appellees.

United States Court of Appeals Fifth Circuit.

As Amended on Denial of Rehearing December 21, 1966.

Attorney(s) appearing for the Case

Sloan B. Blair, Howard Barker, Fort Worth, Tex., for appellant. Cantey, Hanger, Gooch, Cravens & Scarborough, Fort Worth, Tex., of counsel.

Nelson Scurlock, Fort Worth, Tex., for appellees. Rawlings, Sayers, Scurlock & Eidson, Fort Worth, Tex., of counsel.

Before JOHN R. BROWN, COLEMAN and AINSWORTH, Circuit Judges.

PER CURIAM.

After remand of this case following our earlier reversal, Prudential Ins. Co. of America v. Morrow, 5 Cir., 1964, 339 F.2d 411, the Court on the second trial submitted the three definitive issues. On a special verdict, F.R.Civ.P. 49(a), the jury found that the Assured Morrow was "actively engaged in the operation of" the automobile dealership, and that he was not "absent from work due to illness" on the critical date,...

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