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UNITED STATES FIDELITY AND GUARANTY COMPANY v. EMPIRE CLAY PRODUCTS, INC.

No. 70-030. (Supreme Court No. 22937.)

470 P.2d 878 (1970)

UNITED STATES FIDELITY AND GUARANTY COMPANY, Plaintiff in Error, v. EMPIRE CLAY PRODUCTS, INC., Defendant in Error.

Colorado Court of Appeals, Div. II.

February 10, 1970.

Attorney(s) appearing for the Case

Weller, Friedrich & Hickisch, H. Gayle Weller, Martin J. Andrew, Denver, for plaintiff in error.

Wormwood, Wolvington, Renner & Dosh, Laird Campbell, Denver, for defendant in error.

Selected for Official Publication.

DUFFORD, Judge.

This case was originally filed in the Supreme Court of the State of Colorado and subsequently transferred to the Court of Appeals under the authority vested in the Supreme Court.

This suit was instituted by Empire Clay Products, Inc., as plaintiff below, defendant in error here (hereinafter referred to as "plaintiff"), against United States Fidelity and Guaranty Company, the plaintiff in error, defendant...

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