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NATIONAL AMERICAN FIRE INS. CO. v. UNITED STATES

No. 11890.

171 F.2d 206 (1948)

NATIONAL AMERICAN FIRE INS. CO. OF OMAHA v. UNITED STATES.

United States Court of Appeals Ninth Circuit.

December 8, 1948.

Attorney(s) appearing for the Case

Miller, Higgs & Fletcher and John W. Holler, all of San Diego, Cal., for appellant.

A. Devitt Vanech, Asst. Atty. Gen., and Roger P. Marquis, Atty., Dept. of Justice, of Washington, D. C., for appellee.

Before DENMAN, Chief Judge and BONE and ORR, Circuit Judges.

BONE, Circuit Judge.

This is an appeal from an order of the court below dismissing appellant's complaint which alleged that appellant, a fire insurance company, had insured a dwelling house in San Diego, California against damage caused by aircraft or fire; that an airplane belonging to appellee, being piloted in a negligent manner by a commissioned officer in appellee's service, crashed into the house, damaged it and caused a fire which destroyed it; that the proximate...

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