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TRANSAMERICA INS. CO. v. GAGE PLUMBING AND HEATING CO.

No. 429-69.

433 F.2d 1051 (1970)

TRANSAMERICA INSURANCE COMPANY, a corporation, Plaintiff-Appellant, v. GAGE PLUMBING AND HEATING CO., Inc., a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

November 6, 1970.

Attorney(s) appearing for the Case

Charles W. Harris and Windell G. Snow, Wichita, Kan., (Howard G. Engleman, Salina, Kan., with them on the brief), for plaintiff-appellant.

Evart Mills, McPherson, Kan., (James P. Mize, Salina, Kan., with him on the brief), for defendant-appellee.

Before LEWIS, PICKETT and HICKEY, Circuit Judges.

PICKETT, Circuit Judge.

Transamerica Insurance Company (Transamerica, appellant), having paid a claim for fire loss on a policy covering a building under construction, brought this action against Gage Plumbing and Heating Co., Inc. (Gage, appellee), a subcontractor on the job, alleging that the fire was caused by the negligence of Gage's employees, and that Gage was therefore liable to Transamerica as a subrogee of the insured. The trial court sustained Gage's motion...

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