FIREMEN'S MUT. INS. CO. v. APONAUG MFG. CO.

No. 11270.

149 F.2d 359 (1945)

FIREMEN'S MUT. INS. CO. v. APONAUG MFG. CO., Inc., et al.

Circuit Court of Appeals, Fifth Circuit.

May 11, 1945.


Attorney(s) appearing for the Case

Ross R. Barnett, Rufus Creekmore, and H. H. Creekmore, all of Jackson, Miss., for appellants.

Ben F. Cameron and Lester E. Wills, both of Meridian, Miss., Japtha F. Barbour, Sr., of Yazoo City, Miss., and Toxey Hall and Lee D. Hall, both of Columbia, Miss., for appellees.

Before SIBLEY, HUTCHESON, and LEE, Circuit Judges.


SIBLEY, Circuit Judge.

This appeal is from a summary judgment for the defendants on a complaint brought by appellants against the appellees for damages as for a tort. The plaintiffs alleged that they were insurers against loss by fire of a cotton mill belonging to Aponaug Mfg. Co., Inc., when on Dec. 21, 1938, R. D. Sanders, its president and treasurer and sole stockholder, and exercising sole control over the corporation, in conspiracy with the mill superintendent...

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