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INDUSTRIAL UNDERWRITERS INS. CO. v. P & A CONSTRUCTION CO.

No. 9205.

382 F.2d 313 (1967)

INDUSTRIAL UNDERWRITERS INSURANCE COMPANY, a corporation, Appellant, v. P & A CONSTRUCTION COMPANY, a corporation, and Insurance Company of North America, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 26, 1967.

Attorney(s) appearing for the Case

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

Glenn H. Grubb, Oklahoma City, Okl. (Monnet, Hayes, Bullis, Grubb & Thompson, Oklahoma City, Okl., of counsel, on the brief), for appellee, Insurance Co. of North America.

Before JONES, SETH and HICKEY, Circuit Judges.

JONES, Circuit Judge:

This appeal is another of the increasing number of cases involving the question of which, of two or more, insurance companies had liability coverage for an injury to person or property. The facts were stipulated.

On October 28, 1964, P & A Construction Company was engaged in laying a transmission line for and under a contract with Oklahoma Natural Gas Company. In so doing, P & A was using a DC-6 caterpillar tractor, which was...

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