KING v. UNITED BENEFIT FIRE INSURANCE COMPANY

No. 8732.

377 F.2d 728 (1967)

Pete KING, Appellant, v. UNITED BENEFIT FIRE INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 19, 1967.


Attorney(s) appearing for the Case

Paul E. Garrison, Tulsa, Okl., for appellant.

Tom D. Capshaw, Oklahoma City, Okl. (Pierce, Mock, Duncan, Couch & Hendrickson, Oklahoma City, Okl., on the briefs), for appellee.

Before MURRAH, Chief Judge, HICKEY, Circuit Judge, and CHRISTENSEN, District Judge.


CHRISTENSEN, District Judge.

The principal problem involved in this diversity case is whether there was prejudicial error in the refusal of the lower court to grant trial by jury or whether the issues relating to the execution of a contract between the parties and any indemnity due thereunder were purely matters of law or of uncontroverted facts allowing summary disposition.

The appellant, Pete King, is a citizen of the State of Oklahoma. The appellee, United...

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