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NORTH RIVER INS. CO. v. CLARK

No. 7820.

80 F.2d 202 (1935)

NORTH RIVER INS. CO. v. CLARK.

Circuit Court of Appeals, Ninth Circuit.

November 15, 1935.

Attorney(s) appearing for the Case

Harold M. Sawyer, of San Francisco, Cal., and L. B. daPonte and Robert S. Macfarlane, both of Seattle, Wash., for appellant and cross-appellee.

Henderson & McBee, both of Mount Vernon, Wash., for appellee and cross-appellant.

Before WILBUR, GARRECHT, and MATHEWS, Circuit Judges.

WILBUR, Circuit Judge.

Guy H. Clark, as receiver of the Montborne Lumber Company, brought this action to recover on a fire insurance policy issued by the appellant to the Montborne Lumber Company. The facts were stipulated and the case was tried by the court without a jury. The lumber company operated a short logging railway. It owned a Shay locomotive covered by the policy which it alleged was "damaged by fire and by the collapse of bridges resulting from such fire...

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