MORRIS v. FRANKLIN FIRE INS. CO. OF PHILADELPHIA, PA.

No. 10024.

130 F.2d 553 (1942)

MORRIS v. FRANKLIN FIRE INS. CO. OF PHILADELPHIA, PA.

Circuit Court of Appeals, Ninth Circuit.

September 14, 1942.


Attorney(s) appearing for the Case

Zuckerman & Stein and Arthur Edmund Stein, all of Los Angeles, Cal., for appellant.

Joseph F. Rank, of Los Angeles, Cal., for appellee.

Before WILBUR, STEPHENS, and HEALY, Circuit Judges.


WILBUR, Circuit Judge.

This action is brought upon, or in connection with, a certain policy of fire insurance known as Furriers' Customers Basic Policy, dated September 14, 1939. The action, although the parties have not so treated it, is an action to reform the policy of insurance because of mistake and to enforce the policy as reformed by awarding to the customers the amount of their respective losses due to a fire occurring November 30, 1939. The policy as written...

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