UNDERWRITERS AT LLOYDS, LONDON v. CHEROKEE LAB., INC.

No. 6485.

288 F.2d 95 (1961)

UNDERWRITERS AT LLOYDS, LONDON, Appellant, v. CHEROKEE LABORATORIES, INC., Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 20, 1961.


Attorney(s) appearing for the Case

Bryan W. Tabor, Tulsa, Okl. (Peter J. McBreen, Chicago, Ill., Rucker, Tabor, Best, Sharp & Shepherd, Joseph A. Sharp, and O. H. "Pat" O'Neal, Jr., Tulsa, Okl., were with him on the brief), for appellant.

Remington Rogers, Tulsa, Okl. (Rogers, Litchfield & Rogers and E. P. Litchfield, Jr., and Robert D. Hudson, Tulsa, Okl., were with him on the brief), for appellee.

Before HUXMAN, PICKETT and LEWIS, Circuit Judges.


LEWIS, Circuit Judge.

This suit comes to us from the Northern District of Oklahoma after a trial in which the District Court directed a verdict in favor of plaintiff-appellee allowing recovery of the sum of $89,400 for physical loss occasioned to an airplane insured by defendant-appellant. Claim is made that the trial court erred in determining that plaintiff established a prima facie case of coverage and further erred in holding that defendant did not establish a...

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