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RELIANCE INSURANCE COMPANY v. JONES

Nos. 6741, 6742.

296 F.2d 71 (1961)

RELIANCE INSURANCE COMPANY, Appellant, v. Dean JONES, Waynoka Cooperative Elevator Association and Farmers Elevator Mutual Insurance Company, Appellees. Dean JONES, Cross-Appellant, v. FARMERS ELEVATOR MUTUAL INSURANCE COMPANY and Waynoka Cooperative Elevator Association, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

November 7, 1961.

Attorney(s) appearing for the Case

Walter D. Hanson, Oklahoma City, Okl. (William L. Peterson, Jr., Oklahoma City, Okl., was with him on the brief), for appellant.

Coleman Hayes, Oklahoma City, Okl. (Denver W. Meacham, Clinton, Okl., was with him on the brief), for Dean Jones.

Alex Cheek, Oklahoma City, Okl. (John D. Cheek, Oklahoma City, Okl., was with him on the brief), for Farmers Elevator Mut. Ins. Co.

Before PHILLIPS, PICKETT and HILL, Circuit Judges.

HILL, Circuit Judge.

This action is brought under the provisions of 28 U.S.C.A. §§ 2201 and 2202, commonly known as the Declaratory Judgment Act, by the plaintiff-appellant, Reliance Insurance Company,1 whereby it seeks an order declaring liability to its insured Dean Jones2 for only a portion of a loss admittedly covered by its policy. It further asks that the remainder of the loss suffered by Jones...

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