NEELY v. ST. PAUL FIRE & MARINE INS. CO.

No. 77-2712.

584 F.2d 341 (1978)

Richard W. NEELY, Plaintiff-Appellant, v. ST. PAUL FIRE AND MARINE INSURANCE COMPANY and Standard Oil Company of California, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

October 19, 1978.


Attorney(s) appearing for the Case

Myrna J. Parker and Tom E. Wildermuth, of Maud & Wildermuth, Casa Grande, Ariz., for plaintiff-appellant.

Thomas N. Crowe, of Ryley, Carlock & Ralston, Kenneth C. Weyl, Phoenix, Ariz., for defendants-appellees.

Before CHOY and KENNEDY, Circuit Judges, and PALMIERI, District Judge.


PALMIERI, District Judge:

In 1976 three natural-gas-powered engines used for irrigation purposes on farms owned and operated by appellant Neely became inoperable due to damage caused by contaminated lubricating oil. The oil used in these engines was purchased exclusively from appellee Standard Oil Company of California (Standard Oil). At the time an insurance policy issued to Neely by appellee St. Paul Fire and Marine Insurance Company (St. Paul) provided coverage...

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