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FIDELITY & DEPOSIT COMPANY OF MARYLAND v. FELKER

No. B-2470.

469 S.W.2d 389 (1971)

FIDELITY & DEPOSIT COMPANY OF MARYLAND, Petitioner, v. W. E. FELKER, d/b/a Coastal Neon & Electric Company, Respondent.

Supreme Court of Texas.

Rehearing Denied July 28, 1971.

Attorney(s) appearing for the Case

Rienstra, Rienstra & Dowell, John D. Rienstra, Jr., Beaumont, for petitioner.

George Sladczyk, Jr., Port Arthur, for respondent.

GREENHILL, Justice.

This suit was instituted by W. E. Felker against A. R. Johnston and against Fidelity & Deposit Company of Maryland, a bonding company. Judgment was for Felker against both defendants, and the judgment was affirmed. Johnston v. Felker, Tex., 459 S.W.2d 923. The judgment against Johnston is not here challenged. He is not a Petitioner in this court.

The immediate problem is whether under the circumstances...

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