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PENDERGRAFT v. COMMERCIAL STANDARD FIRE & MARINE CO.

No. 7852.

342 F.2d 427 (1965)

Chester Ellis PENDERGRAFT, a minor, Appellant, v. COMMERCIAL STANDARD FIRE & MARINE CO., a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

March 5, 1965.

Attorney(s) appearing for the Case

Floyd L. Walker, Tulsa, Okl. (John Hudson, Tulsa, Okl., on the brief), for appellant.

Thomas R. Brett, Tulsa, Okl. (Robert D. Hudson, Tulsa, Okl., on the brief), for appellee.

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

HILL, Circuit Judge.

Commercial Standard Fire & Marine Company, appellee, brought this action in the court below against appellant, Pendergraft, for a declaratory judgment to determine its liability upon a comprehensive liability insurance policy. The trial court determined, under the facts in the case, that liability did not exist and Pendergraft has appealed.

The case was submitted below upon stipulated facts plus the deposition of the insured, Garringer...

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