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MILLIKEN v. FIDELITY AND CASUALTY COMPANY OF NEW YORK

No. 7673.

338 F.2d 35 (1964)

Kenneth P. MILLIKEN, Kenneth P. Milliken and Sylvia Milliken Blair, Executors of the Estate of Hiram Edison Milliken, a/k/a H. E. Milliken, deceased; and La Verne H. Christopher, Executrix of the Estate of H. Ward Christopher, deceased, Appellants, v. The FIDELITY AND CASUALTY COMPANY OF NEW YORK, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 7, 1964.

Attorney(s) appearing for the Case

Robert B. Martin, Wichita, Kan. (Charles H. Haden, Charles H. Haden, II, Morgantown, W. Va., George B. Collins, Oliver H. Hughes, K. W. Pringle, Jr., W. F. Schell, Robert M. Collins, William L. Oliver, Jr., William V. Crank, Tom C. Triplett, Wichita, Kan., Thomas M. Burns, Denver, Colo., and Laverne Morin, Wichita, Kan., on the brief), for appellants.

William Tinker, Wichita, Kan. (Arthur W. Skaer, Jr., Hugh P. Quinn, Alvin D. Herrington, Richard T. Foster, Lee H. Woodard and William A. Hensley, Wichita, Kan., on the brief), for appellee.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

This diversity action was commenced in the court below by appellants to recover from appellee the costs and expenses which they incurred in defending three lawsuits brought against them for damages alleged to have been caused by pollution, i. e., the escape of salt water and oil from appellants' oil and gas operations. The basis upon which appellants seek to recover is that appellee had a duty to defend the three lawsuits under the terms of a...

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