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LUMBERMENS MUT. CAS. CO. v. MYRICK

No. 78-3715 Summary Calendar.

596 F.2d 1313 (1979)

LUMBERMENS MUTUAL CASUALTY COMPANY, Plaintiff-Appellant, v. Clarence Carl MYRICK and Cox & Associates, Inc., Defendants-Appellees. C. C. MYRICK, Plaintiff-Appellee, v. LUMBERMENS MUTUAL CASUALTY COMPANY, Defendant and Third Party Plaintiff-Appellant, v. COX & ASSOCIATES, INC., Third Party Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 18, 1979.

Attorney(s) appearing for the Case

Clayton H. Farnham, Paul B. Butler, Jr., Atlanta, Ga., Robert C. Black, Montgomery, Ala., for plaintiff-appellant.

Thomas H. Keene, Montgomery, Ala., for Cox & Associates, Inc.

Elisha C. Poole, Greenville, Ala., Ira DeMent, Montgomery, Ala., for C. C. Myrick.

Before AINSWORTH, GODBOLD and VANCE, Circuit Judges.

PER CURIAM:

C. C. Myrick wished to insure a piece of his lumbering equipment, a log skidder. Myrick's business associate, John Harrison, contacted Dorothy Howard, an employee of Cox & Associates, Inc. (Cox), who completed a blank application for insurance during her telephone conversation with Harrison. Under "previous losses occurring in the past three years," Mrs. Howard wrote, "none," based on information received from Harrison. On January 20, 1977, Mrs. Howard...

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