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EQUITABLE FIRE & MARINE INS. CO. v. ALLIED STEEL CONST. CO.

No. 173-69.

421 F.2d 512 (1970)

EQUITABLE FIRE AND MARINE INSURANCE COMPANY, Appellant, v. ALLIED STEEL CONSTRUCTION COMPANY, Appellee.

United States Court of Appeals, Tenth Circuit.

February 6, 1970.

Attorney(s) appearing for the Case

Walter D. Hanson, of Hanson, Fisher, Tumilty, Peterson & Tompkins, Oklahoma City, Okl., for appellant.

Tom S. Williams, Oklahoma City, Okl., for appellee.

Before MURRAH, Chief Judge, and HILL and HICKEY, Circuit Judges.

HILL, Circuit Judge.

Equitable Fire and Marine Insurance Company, appellant, brought this declaratory judgment action against Allied Steel, and others, to determine its liability on an insurance policy issued by Equitable. With the aid of interrogatories submitted to a jury, the trial judge concluded that the loss was due to a risk insured by the Equitable Fire and Marine policy. This appeal concerns only that portion of...

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