SKELLY OIL COMPANY v. ZIMMERMAN

No. 7549.

332 F.2d 618 (1964)

SKELLY OIL COMPANY, a corporation, Appellant, v. Albert ZIMMERMAN and Alberta Zimmerman, partners, d/b/a Sinclair Rexall Drugs, a partnership, and Milton Brown, Appellees.

United States Court of Appeals Tenth Circuit.

June 4, 1964.


Attorney(s) appearing for the Case

Herbert A. Marshall, Topeka, Kan. (Allen Meyers and Doral H. Hawks, Topeka, Kan., on the brief) for appellant.

C. K. Sayler, Topeka, Kan. (David H. Fisher, Donald Patterson, Jack L. Summers, Charles S. Fisher, Jr., Topeka, Kan., and Robert Reeder, Troy, Kan., on the brief) for appellees.

Before PHILLIPS, LEWIS and BREITENSTEIN, Circuit Judges.


PER CURIAM.

The Insurance Company brought this action against the Zimmermans to recover, as subrogee, the amount it had paid under a fire insurance policy issued by it to Myrtle W. and Forrest H. Hagenbuck, on account of a fire loss suffered by them, alleging the fire was caused solely by the negligent acts of the Zimmermans. The Zimmermans filed a third party complaint against Skelly Oil Company.

From an order denying...

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