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DANNERBECK v. PALMER

No. 72-3201.

502 F.2d 686 (1974)

Martha Maytag DANNERBECK, Plaintiff-Appellee, v. Oscar C. PALMER, Sr., et al., Defendants, Al A. Marth, Trustee in Bankruptcy of Pete Horner Excavating, Inc., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied August 12, 1974.

Certiorari Denied December 9, 1974.

Attorney(s) appearing for the Case

John C. Hughes (argued), Hughes, Hughes & Conlan, Phoenix, Ariz., for defendant-appellant.

Kenneth J. Sherk (argued), Robbins & Green, Phoenix, Ariz., for Dannerback.

Keith W. Ragan (argued), Phoenix, Ariz., for Palmer.

Before HAMLEY, MERRILL and WRIGHT, Circuit Judges.

Certiorari Denied December 9, 1974. See 95 S.Ct. 626.

OPINION

HAMLEY, Circuit Judge:

Al A. Marth, Trustee in Bankruptcy of Pete Horner Excavating, Inc. (Horner Excavating) appeals from a declaratory judgment in this diversity action in favor of Martha Maytag Dannerbeck and Oscar C. and Corinne E. Palmer, husband and wife. We affirm.

Initially, two actions for declaratory relief were filed, one by United States Fidelity and Guaranty Company...

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