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FEENEY AND MEYERS v. EMPIRE STATE INSURANCE CO.

No. 5176.

228 F.2d 770 (1955)

FEENEY AND MEYERS, a copartnership, composed of Mark Feeney and Chas. Meyers doing business as Feeney and Meyers, Appellants, v. EMPIRE STATE INSURANCE COMPANY OF WATERTOWN, NEW YORK, Appellee.

United States Court of Appeals Tenth Circuit.

December 27, 1955.

Attorney(s) appearing for the Case

J. E. Williams and George N. Otey, Ardmore, Okl. (E. H. Williams, W. J. Williams and Otey, Johnson & Evans, Ardmore, Okl., were with them on the brief), for appellants.

Walter D. Hanson, Oklahoma City, Okl. (Clarence P. Green, Oklahoma City, Okl., was with him on the brief), for appellee.

Before BRATTON and HUXMAN, Circuit Judges, and CHRISTENSON, District Judge.

HUXMAN, Circuit Judge.

Appellants, Feeney and Meyers, instituted this action against the appellee, the Empire State Insurance Company of Watertown, New York, on an insurance policy issued by the company to recover for loss of certain well servicing equipment which was destroyed or damaged while an oil well was being serviced by appellants. The policy on which suit was predicated insured the equipment against loss resulting from "Fire and Lightning, Cyclone, Tornado...

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