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MOONEY v. PRODUCERS GRAIN CORP.

No. 8567.

531 S.W.2d 699 (1975)

Don MOONEY and United States Fire Insurance Company, Appellants, v. PRODUCERS GRAIN CORPORATION, Appellee.

Court of Civil Appeals of Texas, Amarillo.

December 31, 1975.

Attorney(s) appearing for the Case

Gibson, Ochsner, Adkins, Harlan & Hankins (John Huffaker), Amarillo, for appellants.

Underwood, Wilson, Sutton, Berry, Stein & Johnson (Edward H. Hill), Amarillo, for appellee.

ROBINSON, Justice.

Producers Grain Corporation filed a motion for damages against Don Mooney, Sheriff of Baylor County, and the United States Fire Insurance Company, the surety on Sheriff Mooney's indemnity bond, for failure to levy execution when execution might have been levied on property of plaintiff's judgment debtors Melvin and Kathlee Niell. Defendants, sheriff and surety, answered by general denial only. After a trial without a jury, the trial court found...

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