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HENDRY v. GRANGE MUTUAL CASUALTY CO.

No. 22331.

372 F.2d 222 (1967)

Robert M. HENDRY, Jr., Appellant, v. GRANGE MUTUAL CASUALTY CO., Appellee. GRANGE MUTUAL CASUALTY CO., Appellant, v. Robert M. HENDRY, Jr., Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 20, 1967.

Attorney(s) appearing for the Case

Joseph D. Farish, Jr., Farish & Farish, West Palm Beach, Fla., for appellant.

William H. Pruitt, Fisher, Prior, Pruitt & Schulle, West Palm Beach, Fla., for appellee.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and FISHER, District Judge.

FISHER, District Judge:

This is an insurance policy case involving insurer's failure to defend under an automobile liability insurance contract a suit instituted against its insured, and also the possibility of liability in excess of policy limits thereof where the insurer wrongfully refused to so defend. Federal jurisdiction is based upon diversity of citizenship, plus the requisite amount in issue. Both parties appeal from a final judgment of the district court...

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