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FIDELITY & CAS. CO. OF NEW YORK v. GAEDCKE EQUIPMENT CO.

No. 01-85-0962-CV.

716 S.W.2d 542 (1986)

The FIDELITY & CASUALTY COMPANY OF NEW YORK and the Continental Insurance Company, Appellants, v. GAEDCKE EQUIPMENT COMPANY, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Denied August 14, 1986.

Attorney(s) appearing for the Case

Phillip S. Gordon, Gustafson & Venzke, Houston, for appellants.

John Somyak, Stovall & Somyak, Houston, for appellee.

Before EVANS, C.J., and WARREN and JACK SMITH, JJ.

OPINION

EVANS, Chief Justice.

The defendants, Fidelity & Casualty Company of New York and Continental Insurance Company, appeal from an order of the trial court granting a summary judgment in favor of the plaintiff and denying their motion for summary judgment.

Both sides agree that the central issue is one of law, i.e., whether the defendants had a duty to defend the plaintiff in a prior wrongful discharge suit filed by one of the plaintiff...

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