WYOMING FARM BUREAU MUTUAL INS. CO. v. SMITH

No. 21561.

377 F.2d 918 (1967)

WYOMING FARM BUREAU MUTUAL INS. CO., a corp., Appellant, v. Curtis L. SMITH and Jamie L. Smith, Appellees.

United States Court of Appeals Ninth Circuit.

May 16, 1967.


Attorney(s) appearing for the Case

Corette, Smith, Dean & Robischon (now Poore, McKenzie, Roth & Robischon), Butte, Mont., for appellant.

Wade Dahood, Knight & Dahood, Anaconda, Mont., for appellees.

Before POPE, BARNES and HAMLEY, Circuit Judges.


POPE, Circuit Judge.

In this case the appellant Insurance Company brought suit in the court below seeking a declaratory judgment to the effect that no contract for fire insurance existed between itself and the appellee defendants at the time defendants' poultry house and contents were destroyed by fire. The defendants counterclaimed asserting that plaintiff had in fact insured them against loss by fire and asked for damages on account of the fire referred to. In the...

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