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NATIONWIDE MUTUAL INSURANCE COMPANY v. MARTIN

171 S.E.2d 239 (1969)

210 Va. 354

NATIONWIDE MUTUAL INSURANCE COMPANY v. Fred E. MARTIN, Assignee, etc.

Supreme Court of Appeals of Virginia.

December 1, 1969.

Attorney(s) appearing for the Case

Palmer S. Rutherford, Jr., Norfolk (Rixey & Rixey, Norfolk, on brief), for plaintiff in error.

Fred E. Martin, Norfolk (Fred E. Martin & Son, Norfolk, on brief), for defendant in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, GORDON, HARRISON, COCHRAN and HARMAN, JJ.

HARRISON, Justice.

Nationwide Mutual Insurance Company seeks an opportunity to introduce evidence in an effort to vitiate an agreement it made with Fred E. Martin, Sr., Assignee of Symple Construction Corporation, on the ground of fraud. The trial court entered a final order on January 2, 1968, the effect of which was to deny Nationwide a hearing. We awarded a writ of error to this judgment.

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