AETNA LIFE AND CASUALTY CO. v. LUMBERMEN'S MUT. CAS. CO.

No. 533-70.

446 F.2d 217 (1971)

AETNA LIFE AND CASUALTY COMPANY, a corporation, Plaintiff-Appellant, v. LUMBERMEN'S MUTUAL CASUALTY COMPANY, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 6, 1971.


Attorney(s) appearing for the Case

Jay R. Bond, Oklahoma City, Okl. (Ross, Holtzendorff & Bond, Oklahoma City, Okl., on the brief), for plaintiff-appellant.

Calvin W. Hendrickson, Oklahoma City, Okl. (Pierce, Duncan, Couch & Hendrickson, Oklahoma City, Okl., of counsel, on the brief), for defendant-appellee.

Before SETH, COFFIN and DOYLE, Circuit Judges.


WILLIAM E. DOYLE, Circuit Judge.

The dispute here presented is between two insurance companies. Plaintiff-appellant, Aetna sought a declaratory judgment that defendant-appellee's liability insurance policy, Lumbermen's, extended to one Harry Donahue who, at the time of the underlying collision, had been engaged in transporting a vehicle owned by one David K. Layser across country from Los Angeles, California to Tulsa, Oklahoma.

The trial court found that at...

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