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HARDWARE MUT. INS. CO. OF MINNESOTA v. JACOB HIEB, INC.

No. 12866.

146 F.2d 447 (1945)

HARDWARE MUT. INS. CO. OF MINNESOTA v. JACOB HIEB, Inc.

Circuit Court of Appeals, Eighth Circuit.

January 8, 1945.

Attorney(s) appearing for the Case

Holton Davenport, of Sioux Falls, S. D. (Ellsworth E. Evans and Louis R. Hurwitz, both of Sioux Falls, S. D., on the brief), for appellant.

B. O. Stordahl, of Sioux Falls, S. D., and Alan Bogue, of Vermillion, S. D. (Roy E. Willy and R. G. May, both of Sioux Falls, S. D., on the brief), for appellee.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.

GARDNER, Circuit Judge.

This was an action brought by appellee as plaintiff to recover from appellant as defendant damages caused by the destruction of property by fire, the property being covered by three separate insurance policies issued by the appellant insurance company. The parties will be referred to as they appeared in the trial court.

The complaint was in conventional form; alleged the issuance of the three insurance policies by the defendant, the...

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