District Court, S.D. Texas March 10, 1965, Civ. A. No. 63-C-55 (Wostal v. Travelers Insurance)

GARZA, District Judge.

This cause began in the State court as a suit between Tom Wostal against the Travelers Insurance Company (later corrected to show the real party at interest to be the Travelers Indemnity Company) for declaratory judgment that a certain policy issued by Travelers to Counts Concrete Company covered him, and that Travelers was bound not only to defend him, but to pay any