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FIDELITY AND CAS. CO. OF NEW YORK v. SWAYZER

No. 17423.

583 S.W.2d 850 (1979)

The FIDELITY AND CASUALTY COMPANY OF NEW YORK, Appellant, v. Frank SWAYZER, Jr., Appellee.

Court of Civil Appeals of Texas, Houston, First District.

Rehearing Denied June 28, 1979.

Attorney(s) appearing for the Case

Fulbright & Jaworski, Joe W. Redden, Jr., Houston, for appellant.

Funderburk & Funderburk, Don Karotkin, Houston, for appellee.

EVANS, Justice.

The sole issue on this appeal is whether the trial court erred in holding that the defendant, Fidelity & Casualty Company of New York, was obligated to defend the plaintiff Frank Swayzer, Jr. under the terms of an automobile liability policy issued to S & B Trash Service, a partnership composed of Louis E. Brown and Frank Swayzer, Jr.

The plaintiff alleged that a prior suit had been brought...

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