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CHILDS v. INSURANCE COMPANY OF TEXAS

No. J-895.

139 F.Supp. 637 (1956)

Ralph CHILDS d/b/a Childs Distributing Company, Plaintiff, v. The INSURANCE COMPANY OF TEXAS, Defendant and Third-Party Plaintiff, CENTRAL SURETY AND INSURANCE CORPORATION, Third-Party Defendant.

United States District Court E. D. Arkansas, Jonesboro Division.

February 28, 1956.

Attorney(s) appearing for the Case

Barrett, Wheatley, Smith & Deacon Jonesboro, Ark., for plaintiff.

A. L. Barber, of Barber, Henry & Thurman by A. L. Barber, Little Rock, Ark., for defendant Insurance Co. of Texas.

G. D. Walker of Frierson, Cherry, Walker & Shellgrove, Jonesboro, Ark., for Central Surety & Ins. Co. Jonesboro, third party defendant.

REEVES, District Judge.

By stipulation of the parties this case has been submitted for decision on briefs, the pleadings, and depositions. Pertinent portions of the stipulation are:

"(2) That plaintiff is entitled to recover the amount prayed in the complaint.

"(3) That the only question for determination is whether plaintiff should be paid by the Insurance Company of Texas, or Central Surety and Insurance Corporation, or by both of them, and if the...

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