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GAWECKI v. GENERAL INS. CO. OF AMERICA

Nos. 11775, 11776.

167 F.2d 894 (1948)

GAWECKI et al. v. GENERAL INS. CO. OF AMERICA. SAME v. DUBUQUE FIRE & MARINE INS. CO. OF DUBUQUE, IOWA.

Circuit Court of Appeals, Ninth Circuit.

May 5, 1948.

Attorney(s) appearing for the Case

George Penney and Robert M. Newell, both of Los Angeles, Cal., for appellants.

E. Eugene Davis and W. W. Hindman, both of Los Angeles, Cal., for appellee Gen. Ins. Co. of America.

Angus C. McBain, of Los Angeles, Cal., for appellee Dubuque Fire & Marine Ins. Co.

Before GARRECHT, DENMAN, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

These are consolidated suits in which appellants sought to recover on policies of insurance against loss by fire. On a trial to the court recovery was denied in each case.

The policies were in the statutory form prescribed by the laws of California (Insurance Code, §§ 2070, 2071). They included the following provision, made mandatory by these statutes:

"Chattel mortgage. Unless otherwise provided by agreement in writing...

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