HICKENLOOPER, Circuit Judge.
This was an action upon a policy of fire insurance whereby defendant (appellant) agreed to indemnify plaintiff (appellee), to an amount not exceeding $9,000, against all direct loss and damage by fire to the "use and occupancy" of plaintiff's business property. Under the provisions of the policy, the insured was entitled to recover the net profits which, but for the fire, would have been earned, and also fixed expenses theretofore earned...
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