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IHC, INC. v. AFFILIATED FM INSURANCE COMPANY

No. 71-1133.

451 F.2d 758 (1971)

IHC, INC., a corporation, Plaintiff-Appellee, v. AFFILIATED FM INSURANCE COMPANY, a corporation, Defendant-Appellant, and Fireman's Fund Insurance Company, a corporation, Defendant.

United States Court of Appeals, Tenth Circuit.

November 30, 1971.

Attorney(s) appearing for the Case

John Joseph Snider, R. Brown Wallace, Oklahoma City, Okl., for defendant-appellant, Affiliated FM Ins. Co.

W. Lawrence Eakin, Jr., Marietta, Okl., for plaintiff-appellee, IHC, Inc.

William K. Johnson, Glenn P. Schwartz, Chicago, Ill., Clarence P. Green, Oklahoma City, Okl., for defendant, Fireman's Fund Ins. Co.

Before SETH, HAMLEY, and McWILLIAMS, Circuit Judges.

HAMLEY, Circuit Judge.

This is a diversity action, arising in Oklahoma, wherein IHC, Inc. (IHC), sought a declaratory judgment against Affiliated FM Insurance Company (Affiliated), and Fireman's Fund Insurance Company (Fund). IHC's subsidiary, Carousel Products, Inc. (Carousel), had lost a shipment of wigs to hijackers, while the wigs were in transit from Carousel's Puerto Rico plant to its plant in Brooklyn, New York. IHC claimed that the loss was covered under policies...

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