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EXPORT LEAF TOBACCO CO. v. AMERICAN INSURANCE CO.

Nos. 7460, 7664.

260 F.2d 839 (1958)

EXPORT LEAF TOBACCO COMPANY, Appellant, v. The AMERICAN INSURANCE COMPANY OF NEWARK, NEW JERSEY, Appellee. The AMERICAN INSURANCE COMPANY OF NEWARK, NEW JERSEY, Third-Party Defendant, Appellant, v. EXPORT LEAF TOBACCO COMPANY, Plaintiff, and Park Bernard and W. W. Bernard, Partners trading as Burley Bee Warehouse, Defendants, Appellees. EXPORT LEAF TOBACCO COMPANY, Plaintiff, Appellant, v. Park BERNARD and W. W. Bernard, Partners trading as Burley Bee Warehouse, Defendants, Appellees.

United States Court of Appeals Fourth Circuit.

Decided October 14, 1958.

Attorney(s) appearing for the Case

Wm. A. Stuart, Abingdon, Va. (Penn, Stuart & Phillips, Abingdon, Va., on brief), for Export Leaf Tobacco Co.

Robert B. Davis, Bristol, Va., and Stuart B. Campbell, Wytheville, Va. (Campbell & Campbell, and Stuart B. Campbell, Jr., Wytheville, Va., on brief), for American Ins. Co. of Newark, New Jersey.

Wm. H. Woodward, Bristol, Va. (Jones, Woodward, Miles & Greiner, Bristol, Va., on brief), for Park Bernard and W. W. Bernard, Partners trading as Burley Bee Warehouse.

Before SOBELOFF, Chief Judge, SOPER, Circuit Judge, and PAUL, District Judge.

SOBELOFF, Chief Judge.

In these consolidated appeals a dealer who had purchased a quantity of tobacco at an auction warehouse in Abingdon, Virginia, seeks to recover for loss sustained in a fire which occurred at the warehouse before the tobacco was removed. We are called upon to decide whether the loss falls upon the warehouseman or its insurer or on the plaintiff's insurers.

The tobacco purchaser was Export Leaf Tobacco Company ("Export Leaf"), a Delaware...

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