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COMMERCIAL STAND. INS. CO. v. FARMERS ALLIANCE MUT. INS. CO.

No. 9294.

385 F.2d 826 (1967)

COMMERCIAL STANDARD INSURANCE COMPANY, a corporation, Appellant, v. FARMERS ALLIANCE MUTUAL INSURANCE COMPANY, a corporation, Francis J. Gallagher and Eunice W. Gallagher, his wife, Jennie Rowley, mother and next friend of Glen Rowley, a minor, and Theda Hester, Appellees.

United States Court of Appeals Tenth Circuit.

November 7, 1967.

Attorney(s) appearing for the Case

Vance Mauney, of Botts, Botts & Mauney, Albuquerque, N. M., for appellant.

Denis Cowper, of Chavez & Cowper, Belin, N. M., for appellees Jennie Rowley and Theda Hester, and H. L. Cushing, Albuquerque, N. M. (Richard C. Civerolo, Albuquerque, N. M., with him on the brief), for appellee Farmers Alliance Mutual Insurance Co.

Before WILBUR K. MILLER, Senior Circuit Judge, and BREITENSTEIN and SETH, Circuit Judges.

WILBUR K. MILLER, Senior Circuit Judge:

This litigation was precipitated by a dog bite. In the main, it is a contest between two insurance companies, each denying liability for the damage done by the dog, and each asserting the other is liable therefor. One company contends its policy had been cancelled by the insured prior to the dog bite incident and so was not then in effect, and the other claims its policy was void ad initio because it was obtained by fraudulent...

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