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MUNSTER STEEL CO. v. TRAVELERS INDEM. CO.

No. 20691.

620 S.W.2d 771 (1981)

MUNSTER STEEL COMPANY, INC., Appellant, v. The TRAVELERS INDEMNITY COMPANY, Appellee.

Court of Civil Appeals of Texas, Dallas.

July 15, 1981.

Attorney(s) appearing for the Case

Timothy M. Fults, Shank, Irwin, Conant, Williamson & Grevelle, Dallas, for appellant.

Michael L. Parham, Gerald R. Powell, Vial, Hamilton, Koch, Tubb, Knox & Stradley, Dallas, for appellee.

Before AKIN, STOREY and CARVER, JJ.

AKIN, Justice.

This is an appeal from a summary judgment granted to defendant, Travelers Indemnity Company, upon a cause of action seeking indemnity from Travelers by plaintiff, Munster Steel Company, under the terms of an insurance policy. Travelers' summary judgment motion asserted noncompliance with a condition precedent to its liability. Summary judgment was granted and Munster appeals. We hold that Travelers established noncompliance with a condition precedent...

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