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C. O. MORGAN LINCOLN-MERCURY, INC. v. VIGILANT INS. CO.

No. 17601.

521 S.W.2d 318 (1975)

C. O. MORGAN LINCOLN-MERCURY, INC., Appellant, v. VIGILANT INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

March 21, 1975.

Attorney(s) appearing for the Case

Fillmore, Lambert, Farabee & Purtle and Clyde Fillmore, Wichita Falls, for appellant.

Fillmore, Parish, Martin, Kramer & Fillmore and H. Dustin Fillmore, Wichita Falls, for appellee.

OPINION

SPURLOCK, Justice.

This is a suit between C. O. Morgan Lincoln-Mercury, Inc., appellant, and Vigilant Insurance Company, appellee. These parties will be hereinafter referred to as Morgan, the insured, and Vigilant, the insurer.

This suit grows out of the refusal of Vigilant to defend a third party action filed by William C. Yancey and wife, against Morgan.

Morgan and Vigilant each filed motions for summary judgment. The trial court...

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