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TRAVELERS INDEM. CORP. v. HOLT MACHINERY CO.

No. 6631.

554 S.W.2d 12 (1977)

TRAVELERS INDEMNITY COMPANY, Appellant, v. HOLT MACHINERY COMPANY, Appellee.

Court of Civil Appeals of Texas, El Paso, Texas.

Rehearing Denied July 27, 1977.

Attorney(s) appearing for the Case

Groce, Locke & Hebdon, Thomas H. Crofts, Jr., San Antonio, for appellant.

Oppenheimer, Rosenberg, Kelleher & Wheatley, Inc., Seagal V. Wheatley, San Antonio, for appellee.

OPINION

OSBORN, Justice.

This case raises the issue of whether the trial Court erred in sustaining a motion to strike certain paragraphs from Defendant's Answer. Having concluded that there was no legal basis for the trial Court's ruling we reverse and remand.

Suit was filed to recover for a loss allegedly covered by a fidelity bond issued by the Travelers Indemnity Company to Holt Machinery Company. In 1968, Herbert Spring applied for and subsequently...

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