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NATIONAL INVESTORS FIRE & CAS. INS. CO. v. PACIFIC INDEM. CO.

Nos. 8184, 8185.

359 F.2d 203 (1966)

NATIONAL INVESTORS FIRE AND CASUALTY INSURANCE COMPANY, a corporation, Appellant, v. PACIFIC INDEMNITY COMPANY, a corporation, and W. Miles Blevins, Jr., and Helen Blevins, Appellees. W. Miles BLEVINS, Jr., and Helen Blevins, Appellants, v. PACIFIC INDEMNITY COMPANY, a corporation, and National Investors Fire and Casualty Insurance Company, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied April 20, 1966.

Attorney(s) appearing for the Case

Clayton B. Pierce, of Pierce, Mock, Duncan, Couch & Hendrickson, Oklahoma City, Okl., for National Investors Fire and Cas. Ins. Co.

Frank Gibbard, Sulphur, Okl., for W. Miles Blevins, Jr. and Helen Blevins.

Robert D. Looney, Oklahoma City, Okl., for Pacific Indemnity Co.

Before PICKETT and SETH, Circuit Judges, and CHRISTENSEN, District Judge.

PICKETT, Circuit Judge.

This diversity action was brought by W. Miles Blevins, Jr. and his wife Helen Blevins, Oklahoma residents, against Pacific Indemnity Company and National Investors Fire and Casualty Insurance Company for recovery of proceeds under fire insurance policies. The cause was tried to the court, and a judgment was entered only against National for the amount of the loss. National appeals, contending that the court erred in finding that it had a contract...

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