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KIMBLE v. AETNA CAS. AND SUR. CO.

No. 07-88-0100-CV.

767 S.W.2d 846 (1989)

Walter KIMBLE, et al., Appellants, v. AETNA CASUALTY AND SURETY COMPANY, Appellee.

Court of Appeals of Texas, Amarillo.

Rehearing Denied April 24, 1989.

Attorney(s) appearing for the Case

Gene Gaines, Dallas, for appellants.

Jones, Flygare, Galey, Moody & Brown, Jeffrey B. Jones, Lubbock, for appellee.

Before REYNOLDS, C.J., and BOYD and POFF, JJ.

BOYD, Justice.

Appellants Walter Kimble, Lewis A. Wiltz and James Plaisance, being defendants and cross-plaintiffs in the below suit, complain of the summary judgment granted to appellee Aetna Casualty and Surety Company, plaintiff and cross-defendant below. In two points, appellants argue (1) there was no evidence to controvert their motion for summary judgment and it should, therefore, have been granted, and (2) appellee...

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