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ROBERT E. McKEE GENERAL CON., INC. v. INSURANCE CO.

No. 6068.

269 F.2d 195 (1959)

ROBERT E. McKEE GENERAL CONTRACTOR, INC., a corporation, Appellant, v. INSURANCE CO. OF NORTH AMERICA, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

July 28, 1959.

Attorney(s) appearing for the Case

T. B. Keleher, Albuquerque, N. M. (W. A. Keleher, Albuquerque, N. M., was with him on the brief), for appellant.

Richard G. Cooper, Albuquerque, N. M. (Iden & Johnson, Albuquerque, N. M., were with him on the brief), for appellee.

Before BRATTON, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

This action was initiated by appellee in the District Court for the District of New Mexico to assert a claim for damages against appellant founded upon contractual subrogation rights. The appellee insurance company had paid to its insured, one David Cooper, a retail merchant, $16,479.43 upon a claim for damage occasioned to merchandise through the collapse of the building occupied by the insured. Liability for the loss suffered by Cooper was...

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