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DETROIT FIRE & MARINE INS. CO. v. OKLAHOMA TERMINAL E. CO.

No. 724.

64 F.2d 671 (1933)

DETROIT FIRE & MARINE INS. CO. v. OKLAHOMA TERMINAL ELEVATOR CO. et al.

Circuit Court of Appeals, Tenth Circuit.

April 10, 1933.

Attorney(s) appearing for the Case

F. A. Rittenhouse and John F. Webster, both of Oklahoma City, Okl. (F. A. Rittenhouse and Walter D. Hanson, both of Oklahoma City, Okl., on the brief), for appellant.

John Embry, of Chandler, Okl. (Embry, Johnson, Crowe & Tolbert, of Oklahoma City, Okl., on the brief), for appellees.

Before COTTERAL and McDERMOTT, Circuit Judges, and JOHNSON, District Judge.

COTTERAL, Circuit Judge.

This suit was brought by the Oklahoma Terminal Elevator Company, joined by certain assignees, to recover upon a policy of insurance, issued upon its elevators at Purcell, Okl., by the Detroit Fire & Marine Insurance Company, on September 13, 1928. The plaintiff alleged that the consideration for the policy was an annual premium paid of $199.10; that the elevators were damaged by fire on January 16, 1929; that due proof of loss was made...

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