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FIDELITY & CAS. CO. v. HORTON & HORTON CUST. WKS., INC.

No. 17152.

462 S.W.2d 613 (1971)

The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. HORTON & HORTON CUSTOM WORKS, INC. et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied February 5, 1971.

Attorney(s) appearing for the Case

Cantey, Hanger, Gooch, Cravens & Scarborough, Fort Worth, Jackson, Walker, Winstead, Cantwell & Miller, H. Dudley Chambers and Jack Pew, Jr., Dallas, for appellant.

Touchstone, Bernays & Johnston, and Jim E. Cowles, Dallas, for appellees.

OPINION ON MOTION FOR REHEARING

MASSEY, Chief Justice.

The opinion of November 20, 1970, is withdrawn, with the following substituted therefor:

Suit was by the Fidelity & Casualty Company of New York, hereinafter termed the insurance company, against Horton & Horton Custom Works, Inc., and Interamerica Modification Center, Inc., hereinafter called Horton, and the Pacific Airlines, Inc., hereinafter termed Pacific.

Pending in Federal...

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