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NATIONAL AVIATION UNDERWRITERS, INC. v. ALTUS FLYING SERVICE, INC.

No. 75-1656.

555 F.2d 778 (1977)

NATIONAL AVIATION UNDERWRITERS, INC., a Missouri Corporation, Manager and Attorney-in-Fact for National Insurance Underwriters, a Reciprocal Exchange, Plaintiff-Appellant, v. ALTUS FLYING SERVICE, INC., a corporation, Orbrey O. Owens, an Individual, Major Woody R. Baker, Jr., an Individual, Buddy C. Patterson, an Individual, V. Wendell Dockum, an Individual, Dorothy Bostdorf, Individually and as next friend of Christopher Charles Bostdorf, a minor, and as personal representative of Marlin Bostdorf, Deceased, Elizabeth Rick, Individually, and as personal representative and next kin of Richard E. Capps, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 16, 1977.

Attorney(s) appearing for the Case

D. C. Johnston, Jr., Oklahoma City, Okl. (Dean G. Constantine, Oklahoma City, Okl., on the brief), for National Aviation Underwriters, Inc., plaintiff-appellant.

Larry M. Weber, Altus, Okl. (Stansell E. Whiteside, Altus, Okl. and Ronald R. Hudson and Page Dobson, Rhodes, Hieronymus, Holloway & Wilson, Oklahoma City, Okl., were on the brief), for defendants-appellees, Altus Flying Service, Inc., Buddy C. Patterson, Orbrey O. Owens and V. Wendell Dockum.

John J. Clayton, San Antonio, Tex., for defendant-appellee, Dorothy Bostdorf, individually and as next friend of Christopher Bostdorf, a minor.

Before SETH and HOLLOWAY, Circuit Judges, and STANLEY, Senior District Judge.

HOLLOWAY, Circuit Judge.

This declaratory judgment suit was brought by National Aviation Underwriters, Inc. (National) for a determination that National owes no obligation to the insureds (defendants Altus Flying Service, Inc., Buddy C. Patterson, V. Wendell Dockum and Orbrey O. Owens) under the liability and hull damage provisions of a 1972 aviation policy issued by National.1 The suit joined these insureds and additional parties as defendants...

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