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MILBURN v. FEDERATED MUTUAL IMP. & HARD. INS. CO.

No. 38609.

349 P.2d 644 (1960)

R. Kenneth MILBURN, d/b/a Ken Milburn Ford, Plaintiff in Error, v. FEDERATED MUTUAL IMPLEMENT AND HARDWARE INSURANCE COMPANY OF OWATONNA, MINNESOTA, Defendant in Error.

Supreme Court of Oklahoma.

February 9, 1960.

Attorney(s) appearing for the Case

Ritter & Collins, by T. Fred Collins, Ardmore, for plaintiff in error.

W.J. Williams, Williams, Williams & Williams, Ardmore, for defendant in error.

JOHNSON, Justice.

This action was commenced by R. Kenneth Milburn, d/b/a Ken Milburn Ford, against the Federated Mutual Implement and Hardware Insurance Company of Owatonna, Minnesota, to recover for the claimed loss of an automobile allegedly covered by the company's policy.

The amended petition alleged payment of the premium and issuance of a policy to plaintiff which, among other things, contained an exclusion...

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