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BERNARD v. GULF INS. CO.

No. 6514.

542 S.W.2d 429 (1976)

John BERNARD, d/b/a Bernard Welding Service, and Thomas Douglas Baker, Appellants, v. GULF INSURANCE COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied October 6, 1976.

Attorney(s) appearing for the Case

Warren Burnett Associated, Richard J. Clarkson, Odessa, for appellants.

Rassman, Gunter & Boldrick, Emil C. Rassman, John E. Gunter, Midland, for appellee.

OPINION

OSBORN, Justice.

This case involves the duty to defend under a General-Automobile Liability Policy and the effect of a prior declaratory judgment construing such policy and determining the duty to defend and pay a claim under such policy. Having concluded that the prior judgment is not res judicata of the issues in the pending case, we reverse and remand the case to the trial Court.

In March, 1972...

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