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HOME INS. CO. OF NEW YORK v. SULLIVAN MACHINERY CO.

No. 751.

64 F.2d 765 (1933)

HOME INS. CO. OF NEW YORK v. SULLIVAN MACHINERY CO.

Circuit Court of Appeals, Tenth Circuit.

April 11, 1933.

Attorney(s) appearing for the Case

F. A. Rittenhouse, of Oklahoma City, Okl. (John F. Webster, O. R. Rittenhouse, and R. R. Rittenhouse, all of Oklahoma City, Okl., on the brief), for appellant.

P. C. Simons, of Enid, Okl. (L. E. McKnight, R. W. Simons, E. B. Mitchell, and L. W. McKnight, all of Enid, Okl., on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

The Sullivan Machinery Company brought this action against the Home Insurance Company in the district court of Garfield County, Oklahoma, to reform a policy of fire insurance and to recover for a loss under the policy as reformed.

The Insurance Company duly removed the suit to the Federal Court, where it was docketed as an equity action. Thereafter the parties entered into a stipulation to the effect that the equitable and legal issues...

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