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

No. 10938.

149 F.2d 150 (1945)

FRANKLIN FIRE INS. CO. OF PHILADELPHIA, PA., v. HANNEY et al.

Circuit Court of Appeals, Ninth Circuit.

May 1, 1945.

Attorney(s) appearing for the Case

Lane Summers, Matthew Stafford, and Hayden, Merritt, Summers & Stafford, all of Seattle, Wash., for appellant.

C. E. H. Maloy, of Seattle, Wash., for appellee.

Before GARRECHT, HEALY, and BONE, Circuit Judges.

HEALY, Circuit Judge.

This suit involves the interpretation of a "Builders' Risk" policy (Form 50 — amended) pertaining to a halibut boat. On a former appeal we held the policy ambiguous in respect of the coverage afforded by it and reversed a judgment dismissing the complaint. Hanney v. Franklin Fire Insurance Co., 9 Cir., 142 F.2d 864.

After remand the defendant, appellant here, made a request for admissions under...

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