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MOORHEAD v. STEARNS-ROGER MANUFACTURING COMPANY

Nos. 7214, 7215.

320 F.2d 26 (1963)

W. C. MOORHEAD, Jr., d/b/a Moorhead Freight Line, and the Great American Insurance Company, a New York corporation, Appellants, v. The STEARNS-ROGER MANUFACTURING COMPANY, a Colorado corporation, Appellee. The STEARNS-ROGER MANUFACTURING COMPANY, a Colorado corporation, Cross-Appellant, v. W. C. MOORHEAD, Jr., d/b/a Moorhead Freight Line; and the Great American Insurance Company, a New York corporation, Cross-Appellees.

United States Court of Appeals Tenth Circuit.

August 7, 1963.

Attorney(s) appearing for the Case

David R. Gallagher, Albuquerque, N. M., for appellants and cross-appellees. (McAtee, Toulouse, Marchiondo, Ruud & Gallagher, Albuquerque, N. M., were with him on the brief.)

Dwight K. Shellman, Jr., Denver, Colo., for appellee and cross-appellant. (Holland & Hart, Denver, Colo., were with him on the brief.)

Before MURRAH, Chief Judge, LEWIS, Circuit Judge, and DOYLE, District Judge.

DOYLE, District Judge.

The Stearns-Roger Manufacturing Company recovered judgment in the amount of $73,111.63 against appellants W. C. Moorhead, Jr., and The Great American Insurance Company who now seek reversal. The case involved damage to an electrical transformer, the property of Public Service Company of Albuquerque, which was being transported on Moorhead's equipment. Great American was the insurer.

Stearns-Roger had contracted with the Public Service...

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