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FIDELITY & CAS. CO. OF N. Y. v. INDIANA LUMBERMEN'S MUT. INS. CO.

No. 24199.

382 F.2d 839 (1967)

The FIDELITY & CASUALTY COMPANY OF NEW YORK, Appellant, v. INDIANA LUMBERMEN'S MUTUAL INSURANCE COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 29, 1967.

Attorney(s) appearing for the Case

M. Hendricks Brown, Sam J. Day, Brown, Day & Crowley, Fort Worth, Tex., for appellant.

Atwood McDonald, Herbert L. Tuchin, McDonald, Sanders, Wynn, Ginsburg, Phillips & Maddox, Fort Worth, Tex., for appellees.

Before BELL, GODBOLD and DYER, Circuit Judges.

DYER, Circuit Judge:

This is a coverage contest between two insurance companies. Indiana1 sued Fidelity to recover one-half of the amount Indiana expended in settlement, attorney's fees and expenses incurred in the defense of personal injury cases brought against V. W. Young, its insured. Indiana claimed that on the date of Young's accident Indiana and Fidelity each had a liability policy insuring Young in full force and effect, and that...

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