AMERICAN HOME FIRE ASSUR. CO. v. MID-WEST ENTER. CO.

No. 4176.

189 F.2d 528 (1951)

AMERICAN HOME FIRE ASSUR. CO. OF NEW YORK v. MID-WEST ENTERPRISE CO.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 18, 1951.


Attorney(s) appearing for the Case

Granville Tomerlin, Oklahoma City, Okl. (Tomerlin & High and Stewart W. Mark, all of Oklahoma City, Okl., on the brief), for appellant.

A. W. Gilliland, Oklahoma City, Okl. (W. R. Withington and George H. Shirk, Oklahoma City, Okl., on the brief), for appellee.

Fred Hansen, First Asst. Atty. Gen., of Oklahoma (Mac Q. Williamson, Atty. Gen., on the brief), for amicus curiae.

Before BRATTON, HUXMAN and MURRAH, Circuit Judges.


BRATTON, Circuit Judge.

Mid-West Enterprise Company — hereinafter referred to as owner — owned certain lots with a brick and frame building thereon in Oklahoma City. The building was known as the Folly Theatre, and it was covered by two policies of contributing insurance. One policy was issued by American Home Fire Assurance Company insuring the building against loss or damage by fire to an amount of $18,000. And in consideration of an additional premium...

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