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FARMERS INS. CO., INC. v. McCLAIN

No. 77-2094.

603 F.2d 821 (1979)

FARMERS INSURANCE COMPANY, INC., Plaintiff-Appellee, v. Lantz McCLAIN, Administrator of the Estate of Gary Watson, deceased, Defendant Below. Appeal of Marianne MONTGOMERY, Defendant.

United States Court of Appeals, Tenth Circuit.

August 17, 1979.

Attorney(s) appearing for the Case

Scott T. Knowles, Tulsa, Okl. (Ray H. Wilburn, Tulsa, Okl., on the brief), for plaintiff-appellee.

Allen B. Mitchell, Sapulpa, Okl., for Marianne Montgomery, defendant-appellant.

Before HOLLOWAY and McWILLIAMS, Circuit Judges, and MILLER, Judge.

McWILLIAMS, Circuit Judge.

This is a declaratory judgment action brought by Farmers Insurance Company pursuant to 28 U.S.C. § 2201 to determine its duties and obligations under a policy of automobile insurance issued by it to one Dan F. Montgomery. The policy insured a 1972 Dodge Colt automobile. Dan Montgomery granted one Gary Watson permission to operate the 1972 Dodge Colt. While driving the Dodge Colt, Gary Watson was involved in an accident wherein he was...

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