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AETNA CASUALTY AND SURETY COMPANY v. CRAWFORD

No. 23674.

370 F.2d 917 (1967)

The AETNA CASUALTY AND SURETY COMPANY et al., Appellants, v. George CRAWFORD, d/b/a Tradeall Company, Appellee.

United States Court of Appeals Fifth Circuit.

January 11, 1967.

Attorney(s) appearing for the Case

James A. Williams, Kenneth J. Mighell, Asst. U. S. Atty., Dallas, Tex., Bailey, Williams, Weber & Allums, Dallas, Tex., for appellant Insurance Companies.

John W. Douglas, Asst. Atty. Gen., Melvin M. Diggs, U. S. Atty., Morton Hollander, Walter H. Fleischer, Attorneys, Department of Justice, Washington, D. C., for appellant, Export-Import Bank of Washington.

Charles Gallagher, Carter, Gallagher, Jones & Magee, and Ben T. Warder, Jr., Dallas, Tex., for appellee.

Before TUTTLE, Chief Judge, and JONES and GEWIN, Circuit Judges.

TUTTLE, Chief Judge:

This is an appeal from the judgment of the District Court which, upon considering that the insurance policy under the fact situation before it was inequitable to the policyholder, reformed the policy to permit coverage without any evidence of mutual mistake.

We reverse.

The appellee shipped 800 gallons of paint in 50-gallon containers to A. O. Johnson and Company of Lagos, Nigeria. The...

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