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MILWAUKEE MECHANICS INS. CO. OF MILWAUKEE, WIS. v. BITTEL

No. 10693.

145 F.2d 710 (1944)

MILWAUKEE MECHANICS INS. CO. OF MILWAUKEE, WIS., v. BITTEL et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 2, 1945.

Attorney(s) appearing for the Case

Clausen, Hirsh & Miller, of Chicago, Ill., and Joseph A. Ball, of Long Beach, Cal., for appellant.

Henry D. Lawrence, of Long Beach, Cal. (Walhfred Jacobson, of Long Beach, Cal., of counsel), for appellees.

Richard Hunt Sampson, DeWitt Morgan Manning, and Tripp, Callaway, Sampson & Dryden, all of Los Angeles, Cal., for Pennsylvania Fire Ins. Co., amicus curiæ.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

DENMAN, Circuit Judge.

Appellant, Milwaukee Mechanics Insurance Company of Milwaukee, Wisconsin, a Wisconsin corporation, hereinafter called Milwaukee, brought suit in the district court against Charles Bittel and Florence Bittel Rene, hereinafter called insured, who were residents and citizens of the State of California. The complaint was for declaratory judgment that Milwaukee was not liable for loss by fire to insured's property in Beloit, Wisconsin, covered by...

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