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MARKEL SERVICE, INC. v. NATIONAL FARM LINES

No. 298-69.

426 F.2d 1123 (1970)

MARKEL SERVICE, INC., Appellee, v. NATIONAL FARM LINES, Appellant.

United States Court of Appeals, Tenth Circuit.

May 22, 1970.

Attorney(s) appearing for the Case

Alex Cheek, Oklahoma City, Okl. (James H. Gray, William C. McAlister, Oklahoma City, Okl., and Lewis C. Merkel, Jr., Richmond, Va., with him on the brief) for plaintiff-appellee.

George L. Verity, Oklahoma City, Okl. (Lin Patterson, Oklahoma City, Okl., with him on the brief) for defendant-appellant.

Before BREITENSTEIN and HOLLOWAY, Circuit Judges, and CHRISTENSEN, District Judge.

CHRISTENSEN, District Judge.

This is a diversity action in which Markel Service, Inc., an insurance agency, sued National Farm Lines, a trucking concern, for insurance premiums on policies arranged by it through a third party. Failure of the latter to remit funds entrusted to it for premium payments raised the question who should bear the loss as between the parties here.

The basic facts are these: Appellant National Farm Lines, Inc. contacted a Thomas R....

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