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CITY OF AURORA, COLORADO v. TRINITY UNIVERSAL INSURANCE CO.

No. 7298.

326 F.2d 905 (1964)

CITY OF AURORA, COLORADO, Appellant, v. TRINITY UNIVERSAL INSURANCE COMPANY, a Texas corporation, Appellee.

United States Court of Appeals Tenth Circuit.

January 28, 1964.

Attorney(s) appearing for the Case

George B. Lee, Aurora, Colo., on brief, for appellant.

Eugene S. Hames, Denver, Colo., and James E. Elliott, Jr., Denver, Colo., on brief, for appellee.

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

MURRAH, Chief Judge.

This action for declaratory judgment presents the recurring question whether the claimed loss caused by the insured's negligent conduct is covered by a policy insuring against damages "caused by accident;" or, more specifically, whether the damages resulting from the insured's negligence were accidental.

The trial court made the following uncontroverted findings: The City of Aurora, Colorado,...

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