Grover C. Kay v. The Home Indemnity Company

HUTCHESON, Circuit Judge

(concurring specially):

I concur fully in the result and in most of the majority opinion, but I do not concur in the statement in the opinion that Mingus v. Wadley has been overruled. On the contrary, after carefully Shepardizing it, I find it has not been overruled or in any way departed from by the Supreme Court, and I, therefore, feel bound by it as still stating Texas law.