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ALLSTATE INS. CO. v. SMITH

No. B-813.

428 S.W.2d 807 (1968)

ALLSTATE INSURANCE COMPANY, Petitioner, v. Truman C. SMITH et al., Respondents.

Supreme Court of Texas.

Rehearing Denied July 2, 1968.

Attorney(s) appearing for the Case

Albert Smith, Lubbock, for petitioner.

Dan Sullivan, Andrews, for respondents.

ON APPLICATION FOR WRIT OF ERROR

PER CURIAM.

Petitioner's original motion for summary judgment was overruled. The case was then submitted to a jury on special issues. When the members of the jury were unable to agree, they were discharged and an order was entered on October 13, 1966, declaring a mistrial. Thereafter on January 23, 1967, petitioner filed an amended motion for summary judgment, which was granted. This judgment has been reversed and the cause...

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