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FLEMING v. PHŒNIX ASSUR. CO.

No. 5605.

40 F.2d 38 (1930)

FLEMING v. PHŒNIX ASSUR. CO. et al.

Circuit Court of Appeals, Fifth Circuit.

April 19, 1930.

Attorney(s) appearing for the Case

W. O. Mulkey, of Geneva, Ala., and J. C. Yarbrough, of Enterprise, Ala., for appellant.

B. G. Farmer and A. K. Merrill, both of Dothan, Ala. (Farmer, Merrill & Farmer, of Dothan, Ala., on the brief), for appellees.

Before WALKER, BRYAN, and FOSTER, Circuit Judges.

FOSTER, Circuit Judge.

The Phœnix Assurance Company issued a policy of fire insurance to R. O. Fleming, covering a stock of merchandise owned by him and contained in a store at Enterprise, Ala. The policy covered loss up to $4,000. Seven other insurance companies issued similar policies on the same goods, the whole aggregating insurance of $26,000. The property was destroyed by fire on July 15, 1928, except as to salvage amounting to about $10,000. The insurance...

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