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HARTFORD FIRE INS. CO. v. WILSON & TOOMER FERTILIZER CO.

No. 4352.

4 F.2d 835 (1925)

HARTFORD FIRE INS. CO. v. WILSON & TOOMER FERTILIZER CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 13, 1925.

Attorney(s) appearing for the Case

Daniel MacDougald, of Atlanta, Ga., and Thos. B. Adams, W. E. Kay, and Reuben Ragland, all of Jacksonville, Fla. (Spalding, MacDougald & Sibley, of Atlanta, Ga., Kay, Adams & Ragland, of Jacksonville, Fla., and Underwood, Pomeroy & Haas, of Atlanta, Ga., on the brief), for plaintiff in error.

Robert R. Milam and George C. Bedell, both of Jacksonville, Fla. (Arthur Y. Milam, B. R. Milam, and G. W. Milam, all of Jacksonville, Fla., on the brief), for defendant in error.

Before WALKER and BRYAN, Circuit Judges, and DAWKINS, District Judge.

BRYAN, Circuit Judge.

This is a suit to recover the face value of a fire insurance policy. The policy is for $21,000, and insures the use and occupancy of plaintiff's fertilizer factory. It contains the following provisions:

"The word `business,' wherever used in this contract, shall be considered and held to have the following meaning according to the class of property insured: In a manufacturing property: `The production of goods,'" etc.

"If the...

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