METROFLIGHT, INC. v. SHAFFER

No. 19636.

581 S.W.2d 704 (1979)

METROFLIGHT, INC., Appellant, v. Surry SHAFFER and the Shaffer Insurance Agency, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied April 12, 1979.


Attorney(s) appearing for the Case

Randall A. Hopkins, Baker & Botts, Houston, for appellant.

William N. Hamilton, Stephen L. Baskind, Vial, Hamilton, Koch, Tubb, Knox & Stradley, Dallas, for appellee.

Before GUITTARD, C. J., and AKIN and ROBERTSON, JJ.


AKIN, Justice.

On this appeal from a summary judgment, the principal question is whether the appellant's cause of action is barred because appellant asserted facts in this suit which were inconsistent with facts asserted against another party in a prior suit, and appellant accepted benefits in settlement of that prior suit. Appellant Metroflight previously sued its insurance carriers in federal court claiming insurance coverage. Metroflight dismissed the federal suit...

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