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DeBOER CONST., INC. v. RELIANCE INS. CO.

Nos. 74-1581 to 74-1583.

540 F.2d 486 (1976)

DeBOER CONSTRUCTION, INC., Plaintiff-Appellee-Appellant, v. RELIANCE INSURANCE COMPANY and The Insurance Center, Inc., Defendants-Appellants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided August 18, 1976.

Rehearing Denied September 17, October 26, 1976.

Attorney(s) appearing for the Case

John B. Hayes, Oklahoma City, Okl., for defendant-appellant-appellee, Reliance Ins. Co.

William G. Smith, Oklahoma City, Okl. (Edward L. Ray, Oklahoma City, Okl., on the brief), for defendant-appellant-appellee, The Insurance Center, Inc.

Brian G. Grace, Wichita, Kan. (John R. Stallings and Windell G. Snow, Wichita, Kan., and William J. Ross, Oklahoma City, Okl., on the brief), for plaintiff-appellee-appellant, DeBoer Construction, Inc.

Before BREITENSTEIN, HILL and BARRETT, Circuit Judges.

HILL, Circuit Judge.

This is an appeal from a judgment in three consolidated cases. As it comes to this Court, each party is an appellant and an appellee. The litigation was first commenced by DeBoer Construction, Inc., after The Insurance Center, Inc., and Reliance Insurance Company denied liability on a construction contract surety bond fraudulently issued by their agent. The trial court gave judgment to DeBoer on several theories, including liability on the bond...

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