HOUTZ v. GENERAL BONDING & INSURANCE CO.

No. 5263.

235 F.2d 591 (1956)

Kenneth HOUTZ, individually, and as administrator of the Estate of Sheryl Houtz, deceased; and Ray Ellis, individually, and as administrator of the Estate of Anna Ellis, deceased, Appellants, v. GENERAL BONDING & INSURANCE CO., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

July 13, 1956.


Attorney(s) appearing for the Case

Morris K. Udall, Tucson, Ariz. (Udall & Udall, Tucson, Ariz., J. D. Weir and L. J. Maveety, Las Cruces, N. M., were with him on the brief), for appellants.

Carl H. Gilbert, Santa Fe, N. M. (John B. Dudley, Jr., Oklahoma City, Okl., William W. Gilbert, Dudley, Duval & Dudley, Oklahoma City, Okl., Gilbert, White & Gilbert, Santa Fe, N. M., were with him on the brief), for appellee.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.


HUXMAN, Circuit Judge.

Appellants, as plaintiffs below, filed this action in the District Court for New Mexico against appellee, General Bonding & Insurance Company, alleging that appellee had entered into a contract of liability insurance with one Walter Royer on or about September 10, 1953, providing coverage for liabilities arising out of his operation of the Chevron Cafe near Las Cruces, New Mexico. It was further alleged that on the following September 13...

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