IOWA HOME MUTUAL CASUALTY CO. v. FULKERSON

No. 5725.

255 F.2d 242 (1958)

IOWA HOME MUTUAL CASUALTY CO., a corporation, Appellant, v. Marian FULKERSON, sometimes known as Marian Baker, by Lynn Baker, her next friend, and Frank C. Seavey, Appellees.

United States Court of Appeals Tenth Circuit.

April 28, 1958.


Attorney(s) appearing for the Case

A. Joseph Williams and Brooke Wunnicke, Cheyenne, Wyo., for appellant.

Norman B. Gray, Cheyenne, Wyo. (Robert S. Lowe, Rawlins, Wyo., Ellery, Gray & Hickey, and J. J. Hickey, Cheyenne, Wyo., were with him on the brief), for appellees.

Before PICKETT, LEWIS, and BREITENSTEIN, Circuit Judges.


BREITENSTEIN, Circuit Judge.

Appellant, defendant below and herein referred to as Insurance Company, denied liability on its automobile insurance policy on the ground that the insured failed to cooperate in the defense of a state court action involving the operation of the insured automobile. The trial court rejected the defense of failure to cooperate and gave the appellees, plaintiffs below and herein so designated, judgment in the amounts which they had recovered...

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