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J. A. JONES CONST. CO. v. NIAGARA FIRE INS. CO.

No. 5797.

170 F.2d 667 (1948)

J. A. JONES CONST. CO. v. NIAGARA FIRE INS. CO.

United States Court of Appeals Fourth Circuit.

November 8, 1948.

Attorney(s) appearing for the Case

W. S. Blakeney, of Charlotte, N. C. (Guthrie, Pierce & Blakeney, of Charlotte, N. C., on the brief), for appellant.

H. B. Campbell, of Charlotte, N. C. (Tillett & Campbell, of Charlotte, N. C., and Leon T. Seawell and Hughes, Little & Seawell, all of Norfolk, Va., on the brief), for appellee.

Before PARKER, Chief Judge, and SOPER and DOBIE, Circuit Judges.

PARKER, Chief Judge.

This is an appeal from a judgment for defendant in an action on a policy of marine insurance. The plaintiff is the J. A. Jones Construction Company, which had purchased from the Kraftile Corporation of Niles, California, a quantity of glazed ceramic tile, which was shipped by vessel from that city of Cristobal in the Canal Zone. About ten per cent of the tile was found broken upon arrival, and there was evidence warranting the conclusion that...

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