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COMMERCIAL STAND. INS. CO. v. GILMORE, GARDNER & KIRK OIL CO.

No. 3376.

157 F.2d 929 (1946)

COMMERCIAL STANDARD INS. CO. v. GILMORE, GARDNER & KIRK OIL CO. et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied December 26, 1946.

Attorney(s) appearing for the Case

Duke Duvall, of Oklahoma City, Okl. (Dudley, Duvall & Dudley, of Oklahoma City, Okl., on the brief), for appellant.

Coleman Hayes, of Oklahoma City (Monnet, Hayes & Brown, Rex Belisle, and Priest & Belisle, all of Oklahoma City, Okl., on the brief), for appellees.

Before PHILLIPS and HUXMAN, Circuit Judges, and BROADDUS, District Judge.

HUXMAN, Circuit Judge.

The question presented by this appeal is whether death by burning following a collision between a railroad locomotive and a gasoline truck filled with gasoline is within the coverage of two liability policies issued by the appellant company, or whether it is excluded therefrom by an exclusion clause to be noted hereafter.

The facts are not in dispute and are substantially as follows: Gilmore, Gardner & Kirk Oil Company was a co-partnership...

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