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SOUTHERN CALIFORNIA PETRO. CORP. v. ROYAL INDEM. CO.

No. 6789.

369 P.2d 407 (1962)

70 N.M. 24

SOUTHERN CALIFORNIA PETROLEUM CORPORATION, a corporation, Plaintiff-Appellant, Employers Mutual Liability Insurance Company of Wisconsin, a corporation, Defendant-Appellant, v. ROYAL INDEMNITY COMPANY, a corporation; The American Employers Insurance Company, a corporation; Commercial Standard Insurance Company, a corporation; B. J. Service, Inc., a corporation; J. C. Clower, d/b/a Clower Drilling Company; and E. M. Rowland, d/b/a Rowland Tank Truck Service, Defendants-Appellees.

Supreme Court of New Mexico.

February 27, 1962.

Attorney(s) appearing for the Case

C. S. Neal, Carlsbad, for Southern Cal. Pet. Corp.

Neal & Neal, Hobbs, for Employers Mut. Ins. Co.

Charles F. Malone and Paul A. Cooter, Roswell, for Royal Indemnity Co. and B. J. Service, Inc.

Kermit E. Nash, Hobbs, Gilbert, White & Gilbert, Santa Fe, for Commercial Standard Ins. Co. and Rowland.

NOBLE, Justice.

Declaratory judgment action was commenced to determine whether appellant is afforded public liability protection as an omnibus insured under policies of automobile insurance issued to independent contractors cementing an oil well for appellant. This appeal is from a judgment denying such protection.

The declaratory judgment action is an outgrowth of the principal case arising out of an oil well fire and explosion in which two persons were killed...

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