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NEW YORK FIRE & MARINE UNDERWRITERS, INC. v. FLEMING

Civ. A. No. 4666.

276 F.Supp. 479 (1967)

NEW YORK FIRE & MARINE UNDERWRITERS, INC. v. H. B. FLEMING, d/b/a Tyler City Lines, Mary Alice Hamilton, and Andrew Blaylock.

United States District Court E. D. Texas, Tyler Division.

November 30, 1967.

Attorney(s) appearing for the Case

Spurlock & Schattman, Denning Schattman, Fort Worth, Tex., for plaintiff.

Johnson, Hathaway & Jackson, Thomas W. Hathaway, Tyler, Tex., for defendants H. B. Fleming, d/b/a Tyler City Lines, and Tyler City Lines, Inc.

Joe D. Clayton, Tyler, Tex., for defendant Mary Alice Hamilton.

Ramey, Brelsford, Flock & Devereux, (Tracy Crawford), Tyler, Tex., for defendant Andrew Blaylock.

MEMORANDUM OPINION

GARZA, District Judge.

This action, which started as an interpleader action by the Plaintiff Insurance Company, has now turned into a case where the main issue is whether or not the insurance policy it had issued covered a city bus being operated in the city of Tyler, Texas, which was involved in an accident with another automobile on May 12, 1966.

The case was tried to the Court and...

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