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MASSACHUSETTS BOND. & INS. CO. v. ORKIN EXTERM. CO.

No. A-11416.

416 S.W.2d 396 (1967)

MASSACHUSETTS BONDING AND INSURANCE CO. et al., Petitioners, v. ORKIN EXTERMINATING COMPANY, Inc., Respondent.

Supreme Court of Texas.

Rehearing Denied July 19, 1967.

Attorney(s) appearing for the Case

The Kempers, T. M. Kemper, John D. Richardson, Houston, Graves, Dougherty, Gee & Hearon, J. Chrys Dougherty, Austin, for petitioners.

Butler, Binion, Rice, Cook & Knapp, Robert H. Singleton, Houston, Wilson, Kendall, Koch & Randle, Will Wilson, Austin, for respondent.

HAMILTON, Justice.

This a suit on a retrospective rating plan general liability policy. Both petitioners, defendants and appellees below, and respondent, plaintiff and appellant below, filed motions for summary judgment. The trial court granted petitioners' motion and rendered a take nothing judgment. The Court of Civil Appeals reversed and rendered judgment for respondent in the sum of $54,621, plus interest. 400 S.W.2d 20. Petitioners...

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