EIGHTY-NINER INN, LTD. v. AMERICAN EMPLOYERS' INS. CO.

No. 56-68.

412 F.2d 104 (1969)

EIGHTY-NINER INN, LTD., a corporation, Plaintiff, v. AMERICAN EMPLOYERS' INSURANCE COMPANY et al., Defendants, Eighty-Niner Associates, a limited partnership, Defendant-Appellee, and State Capitol Bank, Intervenor-Appellant, et al., Intervenors.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 13, 1969.


Attorney(s) appearing for the Case

G. M. Fuller, Oklahoma City, Okl. (Fuller, Davis, Henderson & Tubb, Oklahoma City, Okl., of counsel, with him on the brief), for appellant.

Coleman Hayes, Oklahoma City, Okl. (Russell Thompson, Oklahoma City, Okl., and Monnet, Hayes, Bullis, Grubb & Thompson, Oklahoma City, Okl., of counsel, with him on the brief), for appellee.

Before MURRAH, Chief Judge, SETH, Circuit Judge, and CHRISTENSEN, District Judge.


SETH, Circuit Judge.

This action was commenced by the lessee of a motel to recover on standard fire insurance policies covering the buildings and personal property and containing "Loss of Earnings Endorsements" or business interruption insurance. Certain creditors intervened in the action including the appellant, State Capitol Bank. The appellee, Eighty-Niner Associates, was the lessor of the motel at the time it was damaged, and was named defendant in the proceedings...

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