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OCCIDENTAL FIRE & CASUALTY CO. v. BARTLEY

No. 256-69.

434 F.2d 55 (1970)

OCCIDENTAL FIRE & CASUALTY CO., a corporation, Plaintiff-Appellee, v. Mary Corine BARTLEY, Administratrix of the Estate of Lita L. Anaya, Deceased, Defendant-Appellant, Joe G. Chavira, Administrator of the Estate of Albert J. Chavira, Deceased, Intervening Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied November 18, 1970.

Attorney(s) appearing for the Case

Avelino V. Gutierrez, Albuquerque, N.M. (Smith, Ramson & Deaton, Albuquerque, N.M., on the brief), for appellants.

William B. Keleher of Keleher & McLeod, Albuquerque, N.M., for appellee.

Before HICKEY and HOLLOWAY, Circuit Judges, and EUBANKS, District Judge.

PER CURIAM.

Occidental Fire and Casualty Co. commenced this action for a declaratory judgment in the United States District Court for the District of New Mexico. The trial court granted Occidental's motion for summary judgment. The insured and the intervenor appeal.

The insurance company sought to have the court determine that there was no coverage under the policy in question for a shooting by the insured's employee which resulted in a death. The company...

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