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PRUITT v. HARDWARE DEALERS MUT. FIRE INS. CO.

No. 9345.

112 F.2d 140 (1940)

PRUITT et al. v. HARDWARE DEALERS MUT. FIRE INS. CO., STEVENS POINT, WIS.

Circuit Court of Appeals, Fifth Circuit.

May 29, 1940.

Attorney(s) appearing for the Case

B. D. Murphy, of Atlanta, Ga., and Joseph H. Blackshear, E. D. Kenyon, A. C. Wheeler, Chas. J. Thurmond, and Boyd Sloan, all of Gainesville, Ga., for appellants.

Grover Middlebrooks, of Atlanta, Ga., and G. Fred Kelley and Wm. P. Whelchel, both of Gainesville, Ga., for appellee.

Before SIBLEY, HUTCHESON, and McCORD, Circuit Judges.

SIBLEY, Circuit Judge.

The fire insurance policy sued on covered a stock of merchandise in a four story brick building in Gainesville, Georgia, which collapsed and burned at the time of a tornado at about 8:30 A. M. on April 6, 1936. In defense was pleaded a clause in the policy, "If a building or any part thereof fall, except as the result of fire, all insurance by this policy on such building or its contents shall immediately cease." The insurance company moved...

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