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SMITH v. ORION INSURANCE COMPANY

Nos. 6678, 6699.

298 F.2d 528 (1961)

Jack R. SMITH and Maude Esther Babers, d/b/a New Mexico Air Contractors, a co-partnership, and Jack R. Smith and Irma Story, d/b/a A. V. Aircraft Co., a co-partnership, Appellants, v. ORION INSURANCE COMPANY, Cravens, Dargan & Co., and Hartley W. White, d/b/a Hartley W. White & Associates, Appellees. Hartley W. WHITE, d/b/a Hartley W. White & Associates, Cross-Appellant, v. Jack R. SMITH and Maude Esther Babers, d/b/a New Mexico Air Contractors, a co-partnership, and Jack R. Smith and Irma Story, d/b/a A. V. Aircraft Co., a co-partnership, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied March 8, 1962.

Attorney(s) appearing for the Case

Benjamin M. Sherman and Ray Hughes, Deming, N. M., for appellants and cross-appellees.

James C. Ritchie, Albuquerque, N.M. (Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., on the brief), for appellees, Orion Ins. Co. and Cravens, Dargan & Co.

William B. Keleher, Albuquerque, N. M., for appellee, White.

T. B. Keleher, Albuquerque, N. M., for cross-appellant, White.

Before MURRAH, Chief Judge, and PHILLIPS and HUXMAN, Circuit Judges.

HUXMAN, Circuit Judge.

This was an action by appellants, Jack R. Smith and others, on an insurance policy issued by defendant, Orion Insurance Company of London,1 to appellants insuring a helicopter against loss or damage caused by a crash with the ground while one rotor thereof was in motion. The insurance was in force by a binder at the time the loss occurred. The policy itself was not issued until after the loss. Defendant, Hartley...

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