Averill v. Holman

On Petition for Rehearing

(62 P. (2d) 939)

BAILEY, J.

The appellant, B. Underdahl, has filed a petition for rehearing, a petition or motion for diminution of the record and a motion to modify our former opinion to provide that the cause be remanded with opportunity to appellant to present evidence in support of his claim.

In the motion for diminution of the record the appellant urges upon us that the proceedings on the final hearing in the circuit court were such as to lead him to believe that the only question there involved was whether claims arising out of casualty insurance written by the…