WEBBE v. McGHIE LAND TITLE CO.

No. 76-1095.

549 F.2d 1358 (1977)

Sorkis J. WEBBE, Plaintiff-Appellee, v. McGHIE LAND TITLE COMPANY and Lawyers Title Insurance Corporation, Defendants-Appellants. Sorkis J. WEBBE and Lawyers Title Insurance Corporation, Third-Party Plaintiffs, v. Dorothy Cobb KITT, Third-Party Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 17, 1977.


Attorney(s) appearing for the Case

Richard J. Leedy, Salt Lake City, Utah, for Sorkis J. Webbe, plaintiff-third party plaintiff-appellee.

Earl P. Staten, Salt Lake City, Utah (Tibbals & Staten and Bill Thomas Peters, Salt Lake City, Utah, on the brief), for appellants.

Ned Warnock, Salt Lake City, Utah, for Dorothy Cobb Kitt, third party defendant-appellee.

Before SETH, BREITENSTEIN AND McWILLIAMS, Circuit Judges.


McWILLIAMS, Circuit Judge.

The trial court entered summary judgment in the amount of $400,000 in favor of the plaintiff and against the defendant insurer on a policy of title insurance. At the same time the trial court also entered summary judgment dismissing the defendant's third party complaint and entered judgment quieting title to certain real property in the third party defendant. The insurer appeals both judgments thus entered against it. We reverse.

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