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McCARTY v. FIRST OF GEORGIA INS. CO.

No. 81-1807.

713 F.2d 609 (1983)

Charles C. McCARTY and Cora L. McCarty, Plaintiffs-Appellants, v. FIRST OF GEORGIA INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 4, 1983.

Attorney(s) appearing for the Case

Robert P. Kelly and Bruce W. Gambill, Pawhuska, Okl., submitted a brief, for plaintiffs-appellants.

Kenneth R. Webster and Jim T. Priest, of McKinney, Stringer & Webster, Oklahoma City, Okl., submitted a brief, for defendant-appellee.

Before SETH, Chief Judge, McKAY and TIMBERS, Circuit Judges.

TIMBERS, Circuit Judge.

Appellants Charles and Cora McCarty appeal from a summary judgment entered in the District Court for the Northern District of Oklahoma, Thomas R. Brett, District Judge, in favor of appellee First of Georgia Insurance Company (the company). Upon the company's refusal to honor appellants' home fire insurance claim, they commenced a prior action (first action) in the state District Court of Osage County, Oklahoma, seeking relief for breach...

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