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HIGH HILL RURAL DEVELOPMENT CLUB v. GREAT AMERICAN INS. CO.

No. 41385.

428 P.2d 249 (1967)

HIGH HILL RURAL DEVELOPMENT CLUB, an Unincorporated Association, by Charles Davis, Leon Allen and Della Allen, the President, Vice President and Secretary-Treasurer thereof respectively, and the Board of Directors of said Association, to-wit: Charles Davis, Leon Allen and Della Allen, and by their Attorney of Record, Hal Welch, Plaintiffs in Error, v. GREAT AMERICAN INSURANCE COMPANY NEW YORK, Independent School District Number 2 of Choctaw County, Oklahoma, as successor to Dependent School District Number 34 of Choctaw County, Oklahoma, and Independent School District Number 1 of Pushmataha County, Oklahoma, as successor to Dependent School District Number 34 of Choctaw County, Oklahoma, Defendants in Error.

Supreme Court of Oklahoma.

As Amended May 23, 1967.

Rehearing Denied May 31, 1967.

Attorney(s) appearing for the Case

Hal Welch, Hugo, for plaintiffs in error.

Lon Kile, Hugo, for defendants in error.

IRWIN, Vice Chief Justice.

Defendant in error, Great American Insurance Company, was the insurer of a building which had been formerly used for school purposes. The building was destroyed by fire and the company commenced proceedings to determine the ownership of the insurance proceeds and tendered the proceeds into court.

In so far as pertinent to this appeal, the defendants were the plaintiff in error, High Hill...

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