SECURITY INSURANCE CO. v. ALLIANCE MUTUAL INSURANCE COS.

Nos. 10022, 10023.

408 F.2d 878 (1969)

SECURITY INSURANCE COMPANY, Appellant, v. ALLIANCE MUTUAL INSURANCE COMPANIES et al., Appellees. Herman LEVINE and Shirley Levine and Gary Hammond, Appellants, v. SECURITY INSURANCE COMPANY, a corporation and Alliance Mutual Insurance Companies, Appellees.

United States Court of Appeals Tenth Circuit.

March 28, 1969.


Attorney(s) appearing for the Case

Mary C. Walters, Albuquerque, N. M. (Toulouse, Ruud, Gallagher & Walters, Albuquerque, N. M., on the brief), for appellant, Security Ins. Co.

C. LeRoy Hansen, Albuquerque, N. M. (Civerolo, Cushing & Hansen, Albuquerque, N. M., on the brief), for appellees, Alliance Mut. Ins. Companies.

John Burton, Albuquerque, N. M. (George P. Jones, III, and Willard F. Kitts, Albuquerque, N. M., on the brief), for appellants, Levine and Hammond.

Before LEWIS, BREITENSTEIN and HICKEY, Circuit Judges.


HICKEY, Circuit Judge.

A declaratory judgment action1 was tried in the district court by appellant Security Insurance Company against appellee Alliance Mutual Insurance Company. The purpose of the action was to determine whether either or both companies' garage liability policies cover an accident which is the subject of litigation in the state courts.

The trial court determined Security...

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