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LONG v. INSURANCE CO. OF NORTH AMERICA

No. 80-1988.

670 F.2d 930 (1982)

Robert W. LONG and Geraldine Long, Plaintiffs-Appellants, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 12, 1982.

Rehearing Denied March 12, 1982.

Attorney(s) appearing for the Case

Jim Grennan of Grennan, Faulkner & Koenig, Oklahoma City, Okl., for plaintiffs-appellants.

Ronald L. Day of Fenton, Fenton, Smith, Reneau & Moon, Oklahoma City, Okl., for defendant-appellee.

Before BARRETT, DOYLE and LOGAN, Circuit Judges.

LOGAN, Circuit Judge.

Robert and Geraldine Long appeal from summary judgment granted in favor of the Insurance Company of North America (insurer) in a diversity action the Longs brought to compel the insurer to pay for losses the Longs suffered because of a fire at their home. The trial court upheld the insurer's affirmative defense that the Longs had knowingly and intentionally misrepresented a material fact concerning their loss, thereby violating the "false swearing...

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