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EQUITABLE FIRE & MARINE INS. CO. v. ALLIED STEEL CONST. CO.

No. 7871.

351 F.2d 275 (1965)

EQUITABLE FIRE AND MARINE INSURANCE COMPANY, Appellant, v. ALLIED STEEL CONSTRUCTION COMPANY, Midland Engineering Company, Henryetta Construction Company, and Thompson Pipe and Steel Company, Appellees.

United States Court of Appeals Tenth Circuit.

September 24, 1965.

Attorney(s) appearing for the Case

Walter D. Hanson, Oklahoma City, Okl., for appellant (Hanson, Fisher & Peterson, Oklahoma City, Okl., on the brief).

Tom S. Williams, Oklahoma City, Okl., for appellee Allied Steel Const. Co.

Custer W. Sandlin, Oklahoma City, Okl., for appellee Henryetta Const. Co.

Gus Rinehart, Oklahoma City, Okl., for appellee Midland Engineering Co. (B. E. Bill Harkey, Oklahoma City, Okl., on the brief).

Richard N. Steed, Shawnee, Okl., for appellee Thompson Pipe & Steel Co. (Spurr & Steed, Shawnee, Okl., on the brief).

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

SETH, Circuit Judge.

This is an appeal from a judgment entered for the defendants at the conclusion of a pre-trial conference. The action is one for a declaratory judgment brought by an insurance company to determine its liability on a policy issued to one of the defendants. We will consider the judgment as a summary judgment on the court's own motion since no motions by the parties were pending at the time it was entered...

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