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HARDWARE MUT. CASUALTY CO. v. HILDERBRANDT

No. 1985.

119 F.2d 291 (1940)

HARDWARE MUT. CASUALTY CO. v. HILDERBRANDT.

Circuit Court of Appeals, Tenth Circuit.

On Rehearing January 13, 1941.

Second Petition for Rehearing Denied April 14, 1941.

Attorney(s) appearing for the Case

James C. Cheek, of Oklahoma City, Okl., and Lowell White, of Denver, Colo., for appellant.

J. B. Dudley, of Oklahoma City, Okl. (Paul Dudley and Dudley, Hyde, Duvall & Dudley, all of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

The Hardware Mutual Casualty Company1 brought this action against G. W. Hilderbrandt, C. S. Humphrey, J. C. Thompson, and Mildred Gilbert, administratrix of the estate of H. C. Gilbert, deceased, seeking a declaratory judgment determining its liability under an insurance policy.

The facts as disclosed by the findings of the trial court, which are supported by substantial evidence, are not clearly erroneous...

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