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DYER v. FIDELITY-PHENIX FIRE INS. CO. OF NEW YORK

Civ. A. No. 3292.

117 F.Supp. 104 (1953)

DYER v. FIDELITY-PHENIX FIRE INS. CO. OF NEW YORK.

United States District Court E. D. Louisiana, New Orleans Division.

December 17, 1953.

Attorney(s) appearing for the Case

Cobb & Wright, Herman M. Baginsky, Morris Wright, Joseph V. Ferguson II, New Orleans, La., for plaintiff.

R. W. Williams, Jr., Baton Rouge, La., for defendant.

WRIGHT, District Judge.

The primary question presented by this litigation is whether the damage to one of the oil well drilling rigs operated by plaintiff resulted from a "blowout" or a "kick", the policy sued on not covering damage caused by a "kick".

The problem is simplified to some extent by the decision of the Court of Appeals for the Fifth Circuit in Georgia Home Ins. Co. v. Means, 186 F.2d 783, 784, which held that...

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