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FIREMAN'S FUND INS. CO. v. MILLERS' MUTUAL INS. ASS'N

No. 71-1125.

451 F.2d 1140 (1971)

FIREMAN'S FUND INSURANCE COMPANY, Plaintiff-Appellee, v. MILLERS' MUTUAL INSURANCE ASSOCIATION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

December 7, 1971.

Attorney(s) appearing for the Case

Paul H. Niewald, Kansas City, Mo., for defendant-appellant.

Phillips Breckenridge, Tulsa, Okl. (Thomas R. Brett, Tulsa, Okl., on the brief), for plaintiff-appellee.

Before JONES, HILL and BARRETT, Circuit Judges.

HILL, Circuit Judge.

Appellee, Fireman's Fund Insurance Company, originally filed this action in the Eastern District of Oklahoma against Millers' Mutual Insurance Association1 seeking a declaratory judgment concerning the liability of the parties under two fire insurance policies. Fireman's Fund prevailed in the trial court, and Millers' Mutual has appealed.

The undisputed facts are that Keota Mill and Elevator Company (Keota...

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