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UNITED STATES FIDELITY & GUAR. CO. v. TRI-STATE INS. CO.

No. 6426.

285 F.2d 579 (1960)

UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation, Appellant, v. TRI-STATE INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

December 31, 1960.

Attorney(s) appearing for the Case

Bryan W. Tabor, Tulsa, Okl. (Joseph A. Sharp and O. H. (Pat) O'Neal, of Rucker, Tabor, Best, Sharp & Shepherd, Tulsa, Okl., on the brief), for appellant.

Loyd Benefield, Oklahoma City, Okl. (Robert D. Hudson, Tulsa, Okl., on the brief), for appellee.

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and RICE, District Judge.

LEWIS, Circuit Judge.

This appeal involves the rights and obligations of two insurance companies as against each other for costs expended in the successful defense of liability claims prosecuted in the state courts of Oklahoma against an insured afforded coverage in each company's respective policy. The action was initiated by the United States Fidelity and Guaranty Company (U.S.F. & G.) as plaintiff below, to recover the sum of $17,449.15 so expended. The District...

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