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FIREMAN'S FUND INSURANCE COMPANY v. BYBEE

No. 3421.

322 S.W.2d 657 (1959)

FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. D. C. BYBEE, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied April 10, 1959.

Attorney(s) appearing for the Case

Ben D. Sudderth, Comanche, Jack C. Burroughs, Dallas, for appellant.

Callaway & Callaway, Brownwood, for appellee.

COLLINGS, Justice.

D. C. Bybee brought suit in the District Court of Comanche County against Fireman's Fund Insurance Company on a hail insurance policy. The case was tried before the court without a jury and judgment was entered for the plaintiff in the sum of $600. The insurance company has appealed.

Appellant presents one point of error in which it is urged that the trial court erred in overruling its plea of res judicata because a judgment in the Justice...

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