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TRAVELERS INDEMNITY CO. v. McKILLIP

No. B-2399.

469 S.W.2d 160 (1971)

The TRAVELERS INDEMNITY CO., Petitioner, v. Troy L. McKILLIP et ux., Respondents.

Supreme Court of Texas.

Dissenting Opinion July 14, 1971.

Rehearing Denied July 14, 1971.

Attorney(s) appearing for the Case

Mays, Moore, Dickson & Roberts, Aubrey L. Roberts, Aubrey L. Roberts, Jr., Sweetwater, for petitioner.

Turner & Seaberry, Virgil T. Seaberry, Jr., Eastland, for respondents.

DENTON, Justice.

Respondents, Troy L. McKillip and wife brought this action against the Travelers Indemnity Co. to recover for damages to their poultry house under the terms of a policy of insurance issued by that Company. After a trial to a jury, respondents were awarded a recovery for $7,450. This judgment was affirmed by the Court of Civil Appeals. 458 S.W.2d 532. We reverse the judgments of the courts below, and remand the cause...

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