FOUNDATION RESERVE INSURANCE COMPANY v. KELLY

No. 9621.

388 F.2d 528 (1968)

FOUNDATION RESERVE INSURANCE COMPANY, Appellant, v. Joseph L. KELLY, Administrator of the Estate of Viola J. Robbins, Deceased, and G. D. Madden, Jr., Administrator of the Estate of George D. Madden, Deceased, Appellees.

United States Court of Appeals Tenth Circuit.

January 10, 1968.


Attorney(s) appearing for the Case

John P. Duffy, Albuquerque, N. M. (LeRoi Farlow, Albuquerque, N. M., on the brief), for appellant.

J. A. O'Toole, Oklahoma City, Okl., and J. Rex Spurr, Shawnee, Okl. (Cook, O'Toole, Ming & Tourtellotte, Oklahoma City, Okl., Alfred M. Parsons, Shawnee, Okl., Joseph J. Mullins, and Rodey, Dickason, Sloan, Akin & Robb, Albuquerque, N. M., on the brief), for appellees.

Before HILL and SETH, Circuit Judges, and DOYLE, District Judge.


HILL, Circuit Judge.

This appeal is from an order granting summary judgment in favor of appellees, who were plaintiffs in the trial court, and against appellant insurance company, the defendant in that court. No question is raised here as to use of summary judgment, therefore, we must assume at the outset that there were no genuine issues of fact in the case and that the case was a proper one for use of summary judgment procedure.

Viola J. Robbins, on October...

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