Morrison-Knudsen Co., Inc. v. Phœnix Ins.

GARDNER, Chief Judge.

This was an action brought by appellant against appellee seeking to reform an insurance policy and to recover on the policy as reformed. We shall refer to the parties as they were designated in the trial court.

It is alleged in plaintiff’s complaint that prior to March 10, 1945, it contracted with the United States Department of Interior, Bureau of Reclamation, to build and construct a siphon culvert under a river near Altus, Oklahoma. The siphon culvert involved the inbuilding of a large concrete pipe onto the rock and other hard formation across and under the bed of the…