DIXEY v. FEDERAL COMPRESS & WAREHOUSE CO.

No. 12301.

132 F.2d 275 (1942)

DIXEY et al. v. FEDERAL COMPRESS & WAREHOUSE CO.

Circuit Court of Appeals, Eighth Circuit.

December 11, 1942.


Attorney(s) appearing for the Case

Verne McMillen, of Little Rock, Ark. (St. Clair Adams, of New Orleans, La., on the brief), for appellants.

A. L. Barber, of Little Rock, Ark. (Barber, Henry & Thurman, of Little Rock, Ark., and Sam P. Walker and Waring, Walker & Cox, all of Memphis, Tenn., on the brief), for appellee.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.


GARDNER, Chief Judge.

This is an appeal from a judgment dismissing an action brought by appellants against appellee seeking damages for appellee's failure to collect insurance on goods of plaintiffs which were destroyed by fire while stored in appellee's warehouse. The parties will be referred to as they were designated in the trial court.

The complaint was twice amended. The motion to dismiss was based upon the ground that the amended complaint did not state...

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