TEXAS EASTERN TRANSMISSION v. MARINE OFFICE, ETC.

No. 76-1885.

579 F.2d 561 (1978)

TEXAS EASTERN TRANSMISSION CORPORATION, Plaintiff-Appellee, v. MARINE OFFICE-APPLETON & COX CORPORATION, Defendant, and Kansas City Fire & Marine Insurance Company, Defendant-Appellant, Fenix & Scisson, Inc., Intervenor-Appellee.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied August 4, 1978.


Attorney(s) appearing for the Case

Ronald R. Hudson, Oklahoma City, Okl. (Page Dobson, Oklahoma City, Okl., William C. McAlister, E. D. Hieronymus, John H. Tucker, Tulsa, Okl., with him on brief), of Rhodes, Hieronymus, Holloway & Wilson, Oklahoma City, Okl., and Tulsa, Okl., for defendant-appellant.

Burton J. Johnson of Looney, Nichols, Johnson & Hayes, Oklahoma City, Okl., Paul E. Stallings, Houston, Tex. (Eleanor Swift Glass, Houston, Tex., with him on brief), of Vinson & Elkins, Houston, Tex., for plaintiff-appellee Texas Eastern Transmission Corp.

T. Hillis Eskridge, Tulsa, Okl. (David B. McKinney, Tulsa, Okl., with him on brief), of Boesche, McDermott & Eskridge, Tulsa, Okl., for intervenor-appellee Fenix & Scisson, Inc.

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


LOGAN, Circuit Judge.

This is a diversity case involving coverage under an insurance contract in a dispute between the insureds, Texas Eastern Transmission Corporation (Texas Eastern or plaintiff) and Fenix & Scisson, Inc. (Fenix & Scisson or intervenor) on the one hand and Kansas City Fire & Marine Insurance Company (Kansas City Fire & Marine or defendant), the insuror. Damages were stipulated, and the issue...

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