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GENERAL INS. CO., ETC. v. PATHFINDER PETROLEUM CO.

No. 10494.

145 F.2d 368 (1944)

GENERAL INS. CO. OF AMERICA v. PATHFINDER PETROLEUM CO. PATHFINDER PETROLEUM CO. v. GENERAL INS. CO. OF AMERICA.

Circuit Court of Appeals, Ninth Circuit.

As Amended on Denial of Rehearing October 30, 1944.

Attorney(s) appearing for the Case

W. O. Schell and Gerald F. H. Delamer, both of Los Angeles, Cal., for appellant General Ins. Co. of America.

George Penney, Jean Wunderlich, and Earl Glen Whitehead, all of Los Angeles, Cal., for appellant Pathfinder Petroleum Co.

Before GARRECHT, DENMAN, and STEPHENS, Circuit Judges.

DENMAN, Circuit Judge.

The General Insurance Company of America, hereinafter called the insurer, appeals from a judgment of the district court awarding $30,327.57 as a loss for which it held insurer liable upon a use and occupancy policy insuring Pathfinder Petroleum Company, hereinafter called the insured, against its loss of "net profits of the business" and certain fixed charges which were occasioned by a fire destroying insured's plant for the manufacture of gasoline...

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