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NIAGARA FIRE INS. CO. v. POSPISIL

No. 8873.

52 F.2d 709 (1931)

NIAGARA FIRE INS. CO. v. POSPISIL.

Circuit Court of Appeals, Eighth Circuit.

September 8, 1931.

Attorney(s) appearing for the Case

L. E. Waggoner, of Sioux Falls, S. D., for appellant.

C. C. Puckett, of Tyndall, S. D. (J. L. Quinn and F. D. Wicks, both of Scotland, S. D., on the brief), for appellee.

Before KENYON and BOOTH, Circuit Judges, and OTIS, District Judge.

OTIS, District Judge.

The appeal here is from a judgment against appellant in a suit to recover on a policy of fire insurance covering a certain building, and personal property contained in it located at Tyndall, S. D. The building and personal property were partially destroyed by fire January 23, 1927.

Inter alia the policy contained the following provision: "If fire occur the insured shall give immediate notice of any loss thereby in writing to this company...

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