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DUFF v. ALLIANCE MUTUAL CASUALTY COMPANY

No. 6723.

296 F.2d 506 (1961)

Terry Lynn DUFF; Rose Ella Weese, mother and next friend of Dennis Wayne Weese, a minor; Rose Ella Weese, an individual; and Duane Henry Weese, Costello Means, father and next of kin of Merle C. Means, deceased; and Max McCall, guardian of the estate of Jimmy Shideler, a minor, Appellants, v. ALLIANCE MUTUAL CASUALTY COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

November 7, 1961.

Attorney(s) appearing for the Case

Howard K. Berry, Sr., Oklahoma City, Okl. (Collins, Moore & Sellers, Sapulpa, Okl., Green & Feldman, Tulsa, Okl., Jack B. Sellers, Drumright, Okl., Charles A. Shadid, Oklahoma City, Okl., Wallace & Wallace, Sapulpa, Okl., Berry & Berry, Oklahoma City, Okl., were with him on the brief), for appellants.

Dan A. Rogers, Tulsa, Okl. (Philip N. Landa, Tulsa, Okl., was with him on the brief), for appellee.

Before MURRAH, Chief Judge, and LEWIS and BREITENSTEIN, Circuit Judges.

LEWIS, Circuit Judge.

This is an action brought by the Alliance Mutual Casualty Company under the Declaratory Judgment Act, 28 U.S. C.A. § 2201, to determine that company's rights and duties under a policy of automobile insurance issued to one Marvin O'Kelley as the name insured. The determinative question is whether Terry Lynn Duff, driver of the insured vehicle at the time of an accident giving rise to claims of liability brought by the other appellants, was...

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