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INDUSTRIAL INDEMNITY CO. v. CONTINENTAL CASUALTY CO.

Nos. 9023, 9024.

375 F.2d 183 (1967)

INDUSTRIAL INDEMNITY COMPANY, Appellant, v. CONTINENTAL CASUALTY COMPANY, Appellee. CONTINENTAL CASUALTY COMPANY, Appellant, v. INDUSTRIAL INDEMNITY COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

April 5, 1967.

Attorney(s) appearing for the Case

Clayton B. Pierce, Oklahoma City, Okl. (John R. Couch, Oklahoma City, Okl., on the brief), for Industrial Indemnity Co.

Kenneth N. McKinney, Oklahoma City, Okl. (Duke Duvall, Oklahoma City, Okl., on the brief), for Continental Casualty Co.

Before MURRAH, Chief Judge, and HILL and SETH, Circuit Judges.

SETH, Circuit Judge.

This suit was commenced by one insurance company against another to determine whether the policy of the defendant company covered a loss which had been suffered by the plaintiff's named insured. The trial court found the policy did cover the loss as did the policy of the plaintiff, and made a proration between them. Both parties took this appeal.

The record shows that an oil company was having...

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