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INSURANCE COMPANY OF NORTH AMERICA v. CASH

No. B-2742.

475 S.W.2d 912 (1971)

INSURANCE COMPANY OF NORTH AMERICA, Petitioner, v. Ben A. CASH, d/b/a Sportsman Aero Service, Respondent.

Supreme Court of Texas.

Rehearing Denied February 16, 1972.

Attorney(s) appearing for the Case

Thompson, Knight, Simmons & Bullion, John A. Mackintosh, Jr., Dallas, for petitioner.

Locke, Purnell, Boren, Laney & Neely, John L. Shook and Ben Henderson, Dallas, for respondent.

McGEE, Justice.

Insurance Company of North America filed this action against Ben A. Cash, d/b/a Sportsman Aero Service, to recover on a note. Cash filed a cross action to recover proceeds of a policy of aircraft insurance covering an amphibious aircraft which crashed. The trial court granted summary judgment on the note in favor of Plaintiff which action is not in dispute on appeal. The trial court also denied summary judgment in favor of the Cross-Defendant insurance...

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