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G. YATES BLDG. SUP. v. FID. & CAS. CO. OF N. Y.

No. 17768.

543 S.W.2d 709 (1976)

GORDON YATES BUILDING SUPPLIES, INC., et al., Appellants, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied December 10, 1976.

Attorney(s) appearing for the Case

Garrett, Burkett & Bodoin, and John B. Garrett, McBryde, Bogle & Green, and John H. McBryde, Fort Worth, for appellant.

Street, Swift, Brockermeyer, Bell & Ward, John G. Street, Fort Worth, for appellee.

OPINION

SPURLOCK, Justice.

This is an appeal from a summary judgment granted the insurer, The Fidelity and Casualty Company of New York, against its insureds, Gordon Yates Building Supplies, Inc. (Yates) and G.R.Y., Inc., in an action brought by the insurer under the declaratory judgment law, Article 2524-1, V.A.T.S., in which the insurance company sought a judgment declaring that it had no duty to defend a personal...

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