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TRANSIT CASUALTY COMPANY v. SMITH

No. 26311.

410 F.2d 210 (1969)

TRANSIT CASUALTY COMPANY, Appellant, v. Mrs. Lorena Bates SMITH et al., Appellees. Mrs. Lorena Bates SMITH et al., Appellants, v. TRANSIT CASUALTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 8, 1969.

Attorney(s) appearing for the Case

Paul Brown, Sherman, Tex., R. A. Dean Carlton, Meer, Chandler & Carlton, Dallas, Tex., Brown, Kennedy & Hill, Sherman, Tex., for appellant.

Jack Gray, John L. Sullivan, Fred H. Minor, Denton, Tex., Frank Finn, Jr., George C. Chapman, Dallas, Tex., for appellee.

Before THORNBERRY and MORGAN, Circuit Judges, and LIEB, District Judge.

PER CURIAM:

This appeal arises from a judgment below growing out of a "Stowers Doctrine"1 action by Mrs. Lorena Smith, appellee, against her insurer, Transit Casualty Company. Mrs. Smith, along with Mrs. Leo Selz, were plaintiffs in the court below.

The case grows out of a collision which occurred near Denton, Texas, between an automobile owned and driven by Mrs. Selz's deceased husband...

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