AMERICAN CASUALTY COMPANY v. TEN TEX CORPORATION

No. 22389.

357 F.2d 269 (1966)

AMERICAN CASUALTY COMPANY, Appellant, v. TEN TEX CORPORATION, Appellee. TEN TEX CORPORATION, Appellant, v. AMERICAN CASUALTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 11, 1966.


Attorney(s) appearing for the Case

H. A. Stephens, Jr., Atlanta, Ga., Smith, Ringel, Martin & Lowe, Atlanta, Ga., of counsel, for appellant.

James W. Dorsey, Gerald A. Friedlander, Atlanta, Ga., Nall, Miller, Cadenhead & Dennis, Atlanta, Ga., for appellee.

Before BROWN and COLEMAN, Circuit Judges, and GARZA, District Judge.


COLEMAN, Circuit Judge.

A jury in the district court found that manufacturing stock, materials, and supplies, the property of appellee, were covered in a certain policy of insurance. The trial court held as a matter of law that the owner was not entitled to collect penalty and attorney's fees for an alleged bad faith refusal to pay the insurance claim. The insurance company has appealed the jury verdict and the owner cross appeals as to penalty and interest. We affirm...

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