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OHIO CASUALTY INS. CO. v. CALLAWAY

No. 2614.

134 F.2d 788 (1943)

OHIO CASUALTY INS. CO. v. CALLAWAY et al.

Circuit Court of Appeals, Tenth Circuit.

March 16, 1943.

Attorney(s) appearing for the Case

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

James Z. Barker, of Clinton, Okl. (Arney & Barker, of Clinton, Okl., Tolbert, Tolbert & Gillespie, of Hobart, Okl., and Edwards & Edwards, of Cordell, Okl., on the brief), for appellee.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

The appellant, Ohio Casualty Insurance Company, commenced this action for a declaratory judgment, adjudicating its liability under a public liability insurance policy which it issued to the appellee, W. L. Callaway, covering a butane truck owned and operated by Callaway in his business as a dealer of a petroleum product called butane. The policy, as issued and delivered by the policy writing agent, contained a general endorsement excluding from...

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