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POLLARD v. AMERICAN HOSPITAL AND LIFE INS. CO.

No. B-2671.

472 S.W.2d 116 (1971)

Albert H. POLLARD, Independent Executor, Petitioner, v. The AMERICAN HOSPITAL AND LIFE INSURANCE COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied November 17, 1971.

Attorney(s) appearing for the Case

Howard H. Hasting, San Antonio, Henry H. Brooks, Harry S. Pollard, Austin, for petitioner.

Boyle, Wheeler, Gresham, Davis & Gregory, Bond Davis, San Antonio, for respondent.

WALKER, Justice.

This is a suit on a group life insurance policy. The merits of the case will not be reached, because the transcript and statement of facts were not timely filed and on the record the Court of Civil Appeals had no discretion to grant an extension of time for filing.

The trial court rendered judgment in plaintiff's favor for the amount of the alleged coverage plus penalty, interest and attorney's...

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