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KELLY-DEMPSEY & CO. v. CENTURY INDEMNITY CO.

No. 1111.

77 F.2d 85 (1935)

KELLY-DEMPSEY & CO. v. CENTURY INDEMNITY CO.

Circuit Court of Appeals, Tenth Circuit.

April 17, 1935.

Attorney(s) appearing for the Case

Horace G. McKeever, of Enid, Okl. (A. C. Saunders, of Tulsa, Okl., and Van W. Stewart and Harry H. McKeever, both of Enid, Okl., on the brief), for appellant.

Hal Crouch, of Tulsa, Okl. (Philip N. Landa, of Tulsa, Okl., on the brief), for appellee.

Before LEWIS and PHILLIPS, Circuit Judges, and KENNEDY, District Judge.

KENNEDY, District Judge.

The appellant, plaintiff in the court below, brought this cause of action for damages against the defendant indemnity company arising out of a judgment recovered against plaintiff, together with attorney's fees, alleged to have accrued in the defense of that litigation. Issue was joined, and the case tried to the court without the intervention of a jury. A demurrer was interposed to plaintiff's evidence, which was taken under advisement by...

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