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UNITED STATES FID. & GUAR. CO. v. W. CAS. & SURETY CO.

No. 44,206

195 Kan. 603 (1965)

408 P.2d 596

UNITED STATES FIDELITY AND GUARANTY COMPANY, Appellant, v. WESTERN CASUALTY AND SURETY COMPANY, Appellee.

Supreme Court of Kansas.

Opinion filed December 11, 1965.

Attorney(s) appearing for the Case

A.C. Cooke, of Kansas City, argued the cause, and Blake A. Williamson, James K. Cubbison, Donald A. Hardy and Sheldon M. Crossette, all of Kansas City, were with him on the briefs for the appellant.

Roger D. Stanton, of Kansas City, argued the cause, and Lee E. Weeks, Leonard O. Thomas, J.D. Lysaught, Richard Millsap, Robert H. Bingham, Ervin G. Johnston and Miles D. Mustain, all of Kansas City, were with him on the briefs for the appellee.

The opinion of the court was delivered by

HATCHER, C.:

This appeal stems from a dispute between an insurer under a general automobile liability policy and an insurer under a general liability policy as to the principal liability for an injury to an employee.

The facts are not in dispute.

The National Compressed Steel Corporation (hereinafter referred to as National) was engaged in the business of collecting and processing scrap metal at its...

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