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STATE COMPENSATION INS. FUND v. BANKERS INDEM. INS. CO.

No. 9074.

106 F.2d 368 (1939)

STATE COMPENSATION INSURANCE FUND et al. v. BANKERS INDEMNITY INSURANCE CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied September 22, 1939.

Attorney(s) appearing for the Case

C. S. Bucher, Keith & Creede, Gordon S. Keith, Frank J. Creede, and Percy J. Creede, all of San Francisco, Cal., for appellants.

Charles B. Morris and Leo J. McEnerney, both of San Francisco, Cal. (J. Bruce Fratis and Julius M. Keller, both of San Francisco, Cal., of counsel), for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

GARRECHT, Circuit Judge.

On the 25th day of February, 1933, John J. Dalton entered into an oral agreement with the County of Alameda, State of California, whereby he was to furnish an automobile truck with a driver and do work on Grizzly Peak Road No. 1. This work was to consist in hauling dirt back and forth to and from certain locations on the job. In addition to the truck with driver, Dalton was to furnish gas and oil and exhibit a policy providing for

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