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AMERICAN HOME FIRE ASSUR. CO. v. HARGROVE

Nos. 1921, 1922.

109 F.2d 86 (1940)

AMERICAN HOME FIRE ASSUR. CO. et al. v. HARGROVE et al. HARGROVE v. AMERICAN HOME FIRE ASSUR. CO. et al.

Circuit Court of Appeals, Tenth Circuit.

January 15, 1940.

Attorney(s) appearing for the Case

F. A. Rittenhouse, John F. Webster, and W. D. Hanson, all of Oklahoma City, Okl., for appellants and cross-appellees American Home Fire Assur. Co. and Trinity Universal Ins. Co.

Jno. W. Porter, of Muskogee, Okl., for appellee and cross-appellant W. M. Hargrove.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

These were two separate suits, each to recover on an insurance policy insuring against loss by fire certain property near Enid, Oklahoma. The holder of a mortgage covering the insured premises intervened. The ownership of the property, the issuance of the policies and payment of the premium, the destruction by fire while such policies were in effect, and the existence of the mortgage were not in controversy. The cases were consolidated for...

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