Aetna Life Insurance Company v. Texas Gulf Sulphur Company

As the opinion of Chief Judge Hutch-eson so colorfully portrays the case, accurately delineates the issues, expounds the competing contentions and, by contrasting the large area of our mutual agreement with the limited scope of our differences, effectively emphasizes the point of departure, we think it best to indicate briefly our disagreement in result and reasoning and thus preserve the continuity of that opinion.

We are all in agreement that the Freeport decision was correct. [Freeport Sulphur Co. v. Aetna Life Ins. Co., 206 F.2d 5, 41 A.L.R.2d 762], With unhesitating fidelity to that…