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BAILEY v. GULF INSURANCE COMPANY

No. 9598.

389 F.2d 889 (1968)

Robert L. BAILEY, Appellant, v. GULF INSURANCE COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

February 1, 1968.

Attorney(s) appearing for the Case

Sam F. Whitlock, Norman, Okl. (John M. Luttrell, Norman, Okl., was with him on the brief), for appellant.

James M. Robinson, Oklahoma City, Okla. (Hanson, Fisher, Tumilty, Peterson & Tompkins and Walter D. Hanson, Oklahoma City, Okl., were with him on the brief), for appellee.

Before WOODBURY, BREITENSTEIN and HICKEY, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellant-plaintiff Bailey sued to recover on a fire insurance policy issued by appellee-defendant Gulf Insurance Company on a fraternity house located in Norman, Oklahoma. Jurisdiction is based on diversity. The facts were stipulated. The trial court gave judgment for the insurer and this appeal followed.

The prime issue is whether the rule condemning dual agency permits the insurer to avoid liability for violation of the vacancy...

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