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SMITH v. ROYAL INS. CO.

No. 9850.

125 F.2d 222 (1942)

SMITH v. ROYAL INS. CO., Limited.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 11, 1942.

Attorney(s) appearing for the Case

A. B. Bianchi and James M. Hanley, both of San Francisco, Cal., for appellant.

Long & Levit, Percy V. Long, Bert W. Levit, and William H. Levit, all of San Francisco, Cal., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

This suit, which is on a valued policy of fire insurance upon appellant's "leasehold interest" in certain property, is here for the fourth time.1 The prior appeals were concerned with the question whether appellant had alleged and proved an insurable interest of a kind described in his policy, namely, an estate in the nature of a leasehold. On the last appeal we held that appellant had established his case in

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