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MORRISON-KNUDSEN CO. v. PHŒNIX INS. CO. OF HARTFORD

No. 13766.

172 F.2d 124 (1949)

MORRISON-KNUDSEN CO., Inc. v. PHŒNIX INS. CO. OF HARTFORD, CONN.

United States Court of Appeals Eighth Circuit.

Rehearing Denied January 25, 1949.

As Corrected February 14, 1949.

Attorney(s) appearing for the Case

Robert L. Rogers, II, of Talley & Owen, all of Little Rock, Ark., for appellant.

Walter D. Hanson and F. A. Rittenhouse, both of Oklahoma City, Okl., and McMillen & Teague, of Little Rock, Ark., for appellee.

Before GARDNER, Chief Judge, and THOMAS and COLLET, Circuit Judges.

GARDNER, Chief Judge.

This was an action brought by appellant against appellee seeking to reform an insurance policy and to recover on the policy as reformed. We shall refer to the parties as they were designated in the trial court.

It is alleged in plaintiff's complaint that prior to March 10, 1945, it contracted with the United States Department of Interior, Bureau of Reclamation, to build and construct a siphon culvert under a river near Altus, Oklahoma...

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