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LIBERTY MUTUAL INS. CO. v. CITY OF FORT WORTH

No. 17629.

524 S.W.2d 743 (1975)

LIBERTY MUTUAL INSURANCE COMPANY for Danill E. Migura, Jr., Appellant, v. CITY OF FORT WORTH, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied July 11, 1975.

Attorney(s) appearing for the Case

Richard B. Ouer, Dallas, for appellant.

S. G. Johndroe, Jr., City Atty., and Wallace T. Keller, Asst. City Atty., Fort Worth, for appellee.

OPINION

SPURLOCK, Justice.

This is a suit brought by appellant, Liberty Mutual Insurance Company, by way of subrogation under the name of its insured, Danill E. Migura, Jr., to recover for its payment to Migura for property damage to his vehicle. Migura will be referred to as plaintiff and the City of Fort Worth will be referred to as defendant.

Plaintiff was unable to obtain service on some of the defendants, the cause of action as to another defendant...

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