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FIDELITY-PHENIX FIRE INSURANCE CO. OF NEW YORK v. DYER

No. 15065.

220 F.2d 697 (1955)

FIDELITY-PHENIX FIRE INSURANCE COMPANY OF NEW YORK, Appellant & Appellee, v. Otis W. DYER, Jr., Appellee & Appellant. Otis W. DYER, Jr., Appellee & Appellant, v. FIDELITY-PHENIX INSURANCE COMPANY OF NEW YORK, Appellant & Appellee.

United States Court of Appeals, Fifth Circuit.

April 6, 1955.

Attorney(s) appearing for the Case

J. Elton Huckabay, Robert W. Williams, Jr., Baton Rouge, La., for appellant and appellee.

Joseph V. Ferguson, II, New Orleans, La., Cobb & Wright, New Orleans, La., for appellee and cross-appellant.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and DAWKINS, District Judge.

DAWKINS, District Judge.

Presented here are cross appeals from a judgment in an action under the "blowout" provisions of an insurance policy issued to a drilling contractor and providing coverage on an oil well drilling rig and appurtenances. The insured, Dyer,1 brought the suit for the alleged value of equipment lost or damaged as a result of an occurrence at an oil well and for "sue and labor costs", praying for judgment in the sum of...

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