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FIREMAN'S FUND INSURANCE CO. v. UNDERWRITERS INSURANCE CO.

No. 9675.

389 F.2d 767 (1968)

FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. UNDERWRITERS INSURANCE COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

March 4, 1968.

Attorney(s) appearing for the Case

Page Dobson, Oklahoma City, Okl., for appellant.

Joseph A. Sharp, Tulsa, Okl., for appellee.

Before LEWIS, SETH and HICKEY, Circuit Judges.

HICKEY, Circuit Judge.

A declaratory judgment based upon the interpretation of a pro rata provision in conflict with an excess provision contained in the "other insurance" clauses of the respective policies was given appellee, Underwriters, against appellant, Fireman's Fund. The trial court absolved Underwriters who had the excess provision1 and assessed liability against Fireman's Fund who had a pro rata provision.2...

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