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HOME INDEMNITY COMPANY v. MARTIN

No. 4043.

399 S.W.2d 941 (1966)

HOME INDEMNITY COMPANY, Appellant, v. Roger H. MARTIN et ux., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied March 11, 1966.

Attorney(s) appearing for the Case

Johnson, Guthrie, White & Stanfield, Dallas, Crenshaw, Dupree & Milam, Brown & Shuman, Moore & Armstrong, Lubbock, for appellant.

A. W. Salyars, Lubbock, for appellees.

WALTER, Justice.

Roger H. Martin and wife filed suit against The Home Indemnity Company on a fire policy covering their home. Home asked for a recovery over against a third party defendant, L. K. Lankford, if Martin recovered against it. The proceedings of a pre-trial are reported in the first fourteen pages of the statement of facts. It contains some stipulations that the court will decide certain issues and that certain issues will be submitted to a jury. We do...

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