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HOME INS. CO. v. TYDAL CO.

No. 11371.

152 F.2d 309 (1945)

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

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 23, 1946.

Attorney(s) appearing for the Case

Austin Y. Bryan, Jr., of Houston, Tex., for appellant.

O. R. Tipps, of Wichita Falls, Tex., for appellees.

Before SIBLEY, McCORD, and WALLER, Circuit Judges.

SIBLEY, Circuit Judge.

This appeal is from a judgment on a jury verdict for $15,000 rendered in a suit upon a fire insurance policy. Liability was conceded and only the amount recoverable was in dispute. The plaintiff below, appellee here, was claiming $19,226.67, which was the amount it contended was actually expended in restoring the burned portion of the insured plant, or $20,000 which it contended was the difference between the value of the plant before the fire...

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