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THURSTON NATIONAL INSURANCE CO. v. ZURICH INSURANCE CO.

Civ. No. 67-510.

296 F.Supp. 619 (1968)

THURSTON NATIONAL INSURANCE COMPANY, a corporation, Plaintiff, v. ZURICH INSURANCE COMPANY, a corporation, Defendant.

United States District Court W. D. Oklahoma.

On Motion to Alter or Amend Judgment January 10, 1969.

Attorney(s) appearing for the Case

B. J. Cooper, of Rinehart, Morrison & Cooper, Oklahoma City, Okl., for plaintiff.

Ben L. Burdick and Andrew M. Coats, of Crowe, Dunlevy, Thweatt, Swinford, Johnson & Burdick, Oklahoma City, Okl., for defendant.

MEMORANDUM OPINION

DAUGHERTY, District Judge.

This is an action under 28 U.S.C.A. § 2201 et seq., seeking a judgment declaring the rights of the parties. The source of the litigation is an explosion and fire which occurred at Sinclair Oil & Gas Co. Plant No. 13 near Seminole, Oklahoma, while Sinclair was loading liquified petroleum gas into a trailer tank owned by Merle Moss and operated, pursuant to agreement with Moss, by

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