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F.D.I.C. v. HOLLAND AMERICAN INS. CO.

No. 08-87-00196-CV.

759 S.W.2d 786 (1988)

FEDERAL DEPOSIT INSURANCE CORPORATION, Appellant, v. HOLLAND AMERICAN INSURANCE COMPANY, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Denied September 7, 1988.

Attorney(s) appearing for the Case

Richard H. Knuck, Millard O. Anderson, Midland, for appellant.

James P. Boldrick, William W. Clifton, Jr., Dick R. Holland, Boldrick & Clifton, George D. Gilles, Midland, for appellee.

Before OSBORN, C.J., and SCHULTE and FULLER, JJ.

OPINION

OSBORN, Chief Justice.

The opinion issued by this Court on April 20, 1988, is set aside and the following is the opinion of the Court.

This appeal is from a summary judgment involving an insurance company's subrogation rights to proceeds paid in settlement of a third-party negligence suit, and a cross action against the insurance company for wrongful payment of proceeds under a physical loss policy. We affirm.

In January 1983, Fred...

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