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ATLANTIC INSURANCE COMPANY v. MASSEY

No. 9043.

381 F.2d 520 (1967)

ATLANTIC INSURANCE COMPANY, Appellant, v. Bill H. MASSEY and Phyllis M. Massey and Fireman's Fund Insurance Company, Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied June 20, 1967.

Attorney(s) appearing for the Case

Richard D. Wagner, Tulsa, Okl., (Alfred B. Knight, Tulsa, Okl., on the brief) for appellant.

Joseph A. Sharp, of Best, Sharp, Thomas & Glass, Tulsa, Okl., for appellee, Fireman's Fund Insurance Company, (John A. Cochran, Tulsa, Okl., for appellees Bill H. Massey and Phyllis Massey, on the brief).

Before BREITENSTEIN and HILL, Circuit Judges, and BROWN, District Judge.

HILL, Circuit Judge.

The appeal is from an order granting a summary judgment in favor of appellees, plaintiffs in the trial court, against appellant-defendant.

Appellees Masseys, in 1964, entered into a contract with John Weible and Ira Crews, d/b/a Cimarron Company, whereby Weible and Crews were to construct a home for the Masseys. The contract price was $26,000.00. Weible and Crews had a builder's risk insurance policy issued by appellee Fireman's Fund Insurance...

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