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DICKERSON v. FRANKLIN NAT. INS. CO. OF NEW YORK, N. Y.

No. 4938.

130 F.2d 35 (1942)

DICKERSON v. FRANKLIN NAT. INS. CO. OF NEW YORK, N. Y.

Circuit Court of Appeals, Fourth Circuit.

August 18, 1942.

Attorney(s) appearing for the Case

Sherman H. Ballard, of Union, W. Va., for appellant.

W. E. Miller, of Charleston, W. Va., and William A. Stuart, of Abingdon, Va. (Forrest Roles, of Union, W. Va., and Stanley C. Morris and Steptoe & Johnson, all of Charleston, W. Va., on the brief), for appellee.

Before PARKER, SOPER, and NORTHCOTT, Circuit Judges.

PARKER, Circuit Judge.

This is an action to recover on a fire insurance policy in the sum of $5,000 covering lumber stacked on a saw mill yard in Monroe County, West Virginia. The policy was one of several insuring the lumber in the total sum of $30,000. Upon destruction of the lumber by fire, plaintiff filed proofs of loss, claiming the full amount of the policy and stating that approximately 1,100,000 feet of lumber of a value exceeding $40,000 had been destroyed...

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