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EMPLOYERS MUT. CAS. CO. v. AMERICAN AUTOMOBILE INS. CO.

No. 2520.

131 F.2d 802 (1942)

EMPLOYERS MUT. CASUALTY CO. v. AMERICAN AUTOMOBILE INS. CO.

Circuit Court of Appeals, Tenth Circuit.

November 6, 1942.

Attorney(s) appearing for the Case

John F. Eberhardt and George Siefkin, both of Wichita, Kan. (Robert C. Foulston, Samuel E. Bartlett, Lester L. Morris, George B. Powers, Carl T. Smith, and C. H. Morris, all of Wichita, Kan., on the brief), for appellant.

Howard T. Fleeson and Wayne Coulson, both of Wichita, Kan., for appellee.

Before PHILLIPS, BRATTON, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

This is a contest between the Employers Mutual Casualty Company (appellant and herein called Employers), as the insurer of Miller-Morgan Motor Company under a public liability insurance policy, and the American Automobile Insurance Company (appellee and herein called American), as insurer, subrogee, and substituted plaintiff of W. C. McBride, Inc., and as judgment creditor of one James L. Strunk. The contest involves the liability of the Employers...

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