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UTILITIES INS. CO. v. SMITH

No. 2474.

129 F.2d 798 (1942)

UTILITIES INS. CO. v. SMITH.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied September 2, 1942.

Attorney(s) appearing for the Case

Clayton B. Pierce, of Oklahoma City, Okl., for appellant.

John Barry, of Oklahoma City, Okl. (Hal Johnson, of Oklahoma City, Okl., on the brief), for appellee.

Before PHILLIPS, MURRAH, and WILLIAMS, Circuit Judges.

PHILLIPS, Circuit Judge.

A written contract dated November 22, 1934, was executed by A. Ervine Swift and "R. O. Burbridge, Agent." The contract purported to have been entered into between Swift, as business manager of the Oklahoma University Band, and the Southwestern Teachers College.1 It provided that the College should furnish three Ford-Wayne trailer busses, 1934 models, to transport members of the Band from Norman, Oklahoma, to Washington...

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