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PUBLIC SERVICE COMPANY OF OKLAHOMA v. BLACK & VEATCH

No. 72-1051.

467 F.2d 1143 (1972)

PUBLIC SERVICE COMPANY OF OKLAHOMA, a Domestic Corporation, et al., Plaintiffs-Appellants, v. BLACK & VEATCH, Consulting Engineers, a Partnership, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 17, 1972.

Attorney(s) appearing for the Case

Joseph A. Sharp, Tulsa, Okl. (Best, Sharp, Thomas & Glass, Tulsa, Okl., on the brief), for plaintiffs-appellants.

Bryan W. Tabor, Tulsa, Okl. (Truman B. Rucker, Paul McBride, and Rucker, Tabor, McBride & Hopkins, Tulsa, Okl., on the brief), for defendants-appellees.

Before LEWIS, Chief Judge, and SETH and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

In this appeal, we are asked to overrule our holding in Gas Service Co. v. Hunt, 183 F.2d 417 (10th Cir. 1950), that where the insured brings an action against a tort-feasor who has damaged the insured's property and where the insurer under its policy of insurance with the insured has paid the insured part, but not all, of the loss thus incurred, the insurer, on timely motion by the tortfeasor, should be...

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