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MALONE AND HOGAN HOSPITAL FOUNDATION v. BOSTON INSURANCE COMPANY

No. 24258.

378 F.2d 362 (1967)

MALONE AND HOGAN HOSPITAL FOUNDATION, Appellant, v. BOSTON INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

June 2, 1967.

Attorney(s) appearing for the Case

George W. Leonard, Jr., Sweetwater, Tex., R. H. Weaver, Big Spring, Tex., for appellant, Weaver & Ferguson, Big Spring, Tex., Mays, Leonard, Moore & Dickson, Sweetwater, Tex., of counsel.

W. B. Browder, Jr., Charles L. Tighe, Midland, Tex., for appellee, Stubbeman, McRae, Sealy & Laughlin, Midland, Tex., of counsel.

Before BELL, GODBOLD and DYER, Circuit Judges.

PER CURIAM:

Boston Insurance Company brought a declaratory judgment action in the United States District Court for the Northern District of Texas, seeking to have declared that it is not liable to Malone and Hogan Hospital Foundation, as insured, and to Forrest Gambill, an injured claimant, under a liability policy Boston had issued to the hospital, by reason of the hospital's failure to give notice to Boston of injury to Gambill.

Boston moved for an instructed...

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