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ASSOCIATED TABULATING SERVICES, INC. v. OLYMPIC LIFE INS. CO.

No. 26949.

414 F.2d 1306 (1969)

ASSOCIATED TABULATING SERVICES, INC., Plaintiff-Appellee, v. OLYMPIC LIFE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 9, 1969.

Attorney(s) appearing for the Case

Beale Dean, J. Shelby Sharpe, Brown, Herman, Scott, Young & Dean, Paul C. Cook, Cook & Hobbs, Fort Worth, Tex., for appellant.

W. B. West, III, Jack D. Eades, Clark, West, Keller, Clark & Ginsberg, Dallas, Tex., for appellee.

Before COLEMAN and SIMPSON, Circuit Judges, and MEHRTENS, District Judge.

COLEMAN, Circuit Judge:

This diversity action was instituted by Associated Tabulating Services, Inc., of Los Angeles, against Olympic Life Insurance Company, of Fort Worth, to recover damages for breach of contract. In the course of this opinion we shall occasionally refer to Associated as the computer company and to Olympic as the insurance company.

In November, 1963, W. R. Bagg, headed a group, not yet incorporated, known as the "Association for the Incorporation...

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