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TRANSPORT INSURANCE COMPANY v. FIREMAN'S FUND AMERICAN INSURANCE COMPANY

No. 248-69.

424 F.2d 210 (1970)

TRANSPORT INSURANCE COMPANY, a foreign insurance corporation, Appellant, v. FIREMAN'S FUND AMERICAN INSURANCE COMPANY, a foreign corporation, Appellee.

United States Court of Appeals, Tenth Circuit.

April 14, 1970.

Attorney(s) appearing for the Case

Joseph A. Sharp, of Best, Sharp, Thomas & Glass, Tulsa, Okl., for appellant.

Richard D. Wagner, Tulsa, Okl. (Alfred B. Knight, Tulsa, Okl., was with him on the brief) for appellee.

Before LEWIS and HILL, Circuit Judges, and LANGLEY, District Judge.

LEWIS, Circuit Judge.

This is a controversy between insurance companies wherein the plaintiff-appellant (Transport) sought a declaratory judgment determining that the defendant-appellee (Fireman's) had issued effective liability insurance covering a claim for personal injuries suffered by one Rutelonis as the result of an accident occurring February 4, 1965, at Tulsa, Oklahoma. The issue was submitted to the trial court on stipulated facts and resulted in a summary...

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