HARDBERGER & SMYLIE v. EMPLOYERS MUT. L. INS. CO. OF WIS.

No. 559-70.

444 F.2d 1318 (1971)

HARDBERGER AND SMYLIE, a Co-partnership, and William H. Rabe, Plaintiffs-Appellants, v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 12, 1971.


Attorney(s) appearing for the Case

Harry R. Palmer, Jr., Oklahoma City, Okl., for appellants.

Burton J. Johnson, Oklahoma City, Okl., for appellee.

Before LEWIS, Chief Judge, and HOLLOWAY and BARRETT, Circuit Judges.


BARRETT, Circuit Judge.

This appeal is taken from Summary Judgment granted on motion of defendant-appellee, Employers Mutual Liability Insurance Company, hereinafter called Mutual. This case was initiated on a Complaint for Declaratory Judgment by plaintiffs-appellants, Hardberger and Smylie, a co-partnership, hereinafter called Partners, and William H. Rabe, an employee of Partners, hereinafter called Rabe. The trial court, upon consideration of the pleadings, certain...

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