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WESTERN CASUALTY & SURETY COMPANY v. GRICE

No. 414-69.

422 F.2d 921 (1970)

WESTERN CASUALTY & SURETY COMPANY, a corporation, Plaintiff-Appellee, v. Richard GRICE, Esther Aguirre, minors; and Miguel E. Lozano, Julia Lozano, and Hector Lozano, a minor, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 5, 1970.

Attorney(s) appearing for the Case

Mary C. Walters, of Toulouse, Moore & Walters, Albuquerque, N. M., for plaintiff-appellee.

Joe H. Galvan, Las Cruces, N. M. (Avelino V. Gutierrez, Albuquerque, N. M., on the brief) for defendants-appellants.

Before PICKETT, HILL and HICKEY, Circuit Judges.

HILL, Circuit Judge.

Appellee Western Casualty & Surety Company brought this declaratory judgment action to determine its liability under an automobile insurance policy issued to one Raymundo Saucedo. The trial court on appellee's motion for summary judgment determined from the pleadings, affidavits, and depositions that there was no genuine issue of fact and granted judgment to appellee as a matter of law.

Appellee's auto liability policy was issued in...

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