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HOME INS. CO. OF NEW YORK v. TROTTER

No. 12248.

130 F.2d 800 (1942)

HOME INS. CO. OF NEW YORK et al. v. TROTTER et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied September 28, 1942.

Attorney(s) appearing for the Case

Guy W. Green, Jr., of Kansas City, Mo. (John Hudson, of Kansas City, Mo., on the brief), for appellants.

Roy W. Rucker, of Kansas City, Mo. (Clif Langsdale and Josephine Myers, both of Kansas City Mo., on the brief), for appellees.

Before SANBORN, THOMAS, and RIDDICK, Circuit Judges.

RIDDICK, Circuit Judge.

The appellants and two other insurance companies insured, against loss by fire, a building owned by the appellees L. H. and Carrie L. Trotter. Each appellant was insurer in a separate policy for $3,500, and each of the other insurance companies issued its separate policy in the sum of $2,500. Each policy contained a provision that the insurer, in the event of a loss, should not be liable for a greater proportion of the loss than the amount...

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