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NICKERSON v. TRAVELERS INSURANCE COMPANY

No. 30317 Summary Calendar.

437 F.2d 113 (1971)

Kathleen NICKERSON, Plaintiff-Appellee-Cross Appellant, v. The TRAVELERS INSURANCE COMPANY, Defendant-Appellee, Sara Nickerson, Defendant-Appellant-Cross Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 18, 1971.

Attorney(s) appearing for the Case

Rufus S. Garrett, Jr., Fort Worth, Tex., Garrett, Garrett & Callaway, Fort Worth, Tex., of counsel, for appellant Sara Nickerson.

John A. Gilliam, C. Robert Rainwater, Dallas, Tex., for Travelers Ins. Co.

Joe Hill Jones, Ben T. Warder, Jr., Dallas, Tex, for Kathleen Nickerson.

Thompson, Knight, Simmons & Bullion, Dallas, Tex., for cross-appellee.

Carter, Gallagher, Jones & Magee, Dallas, Tex., for plaintiff-cross-appellant.

Before BELL, AINSWORTH and GODBOLD, Circuit Judges.

PER CURIAM:

In this non-jury case the District Court did not find the facts specially and state separately its conclusion of law thereon as required by Rule 52(a) Fed.R.Civ.P., and we are unable to give meaningful review to the judgment.

The judgment must be vacated and the cause remanded for entry of findings of fact and conclusions of law, to include, inter alia:

(1) Admissibility into evidence of interrogatories and answers. (2...

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