MOORE v. UNITED STATES FIDELITY & GUARANTY COMPANY

No. 7155.

325 F.2d 972 (1963)

Thomas E. MOORE, Trustee in Bankruptcy for Charley Delcoure, a bankrupt, Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

December 18, 1963.


Attorney(s) appearing for the Case

Melone, Robertson & Melone, Jerry M. Melone, Tulsa, Okl., Baker H. Melone, Oklahoma City, Okl., Young, Young & Young, by Glenn A. Young, Sapulpa, Okl., for appellant.

Alfred B. Knight, Tulsa, Okl., for appellee.

Before MURRAH, Chief Judge, and HILL and SETH, Circuit Judges.


MURRAH, Chief Judge.

Appellee, United States Fidelity & Guaranty Company, brought this declaratory judgment action to determine its liability to the insured, Charley Delcoure, by virtue of its public liability insurance policy. The issue here, as in the trial court, is framed by the counterclaim of the Trustee in Bankruptcy for the insured, wherein he seeks to recover an amount in excess of appellee's policy limits, on the ground that the appellee "failed, neglected...

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