FARMERS ALLIANCE MUT. INS. CO. v. JONES

No. 77-1855.

570 F.2d 1384 (1978)

FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, Plaintiff-Appellee, v. Alan JONES and Craig Lee McCracken, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Decided February 22, 1978.


Attorney(s) appearing for the Case

Elliott C. Fenton and Larry D. Ottaway of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., for plaintiff-appellee.

Charles B. Grethen and E. V. Spadafora, Purcell, Okl., for defendants-appellants.

Before SETH, Chief Judge, McWILLIAMS and BARRETT, Circuit Judges.


BARRETT, Circuit Judge.

Farmers Alliance Mutual Insurance Company (Farmers) brought this diversity-based action under the Declaratory Judgment Act, 28 U.S.C. § 2201 (the Act), to determine its liability under an automobile insurance policy issued to Spann Chevrolet Company (Company). The trial court granted Farmers' motion for summary judgment finding, as a matter of law, that Farmers was not liable on the policy in that the driver of a Company vehicle was not...

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