CITY OF MORGANTOWN, W. VA. v. ROYAL INS. CO.

No. 5764.

169 F.2d 713 (1948)

CITY OF MORGANTOWN, W. VA. v. ROYAL INS. CO., Limited.

Circuit Court of Appeals Fourth Circuit.

August 31, 1948.


Attorney(s) appearing for the Case

Mary Frances Brown, of Clarksburg, W. Va. (W. G. Stathers and Arch M. Cantrall, both of Clarksburg, W. Va., on the brief), for appellant.

James M. Guiher, of Washington, D. C. (Steptoe & Johnson, of Clarksburg, W. Va., on the brief) for appellee.

Before PARKER and DOBIE, Circuit Judges, and PRETTYMAN, Associate Justice United States Court of Appeals for the District of Columbia.


PARKER, Circuit Judge.

This is a motion to dismiss an appeal from an order of the District Court denying a jury trial. The suit was instituted in the court below to reform a policy of insurance on the ground of mutual mistake, the contention of plaintiff being that a policy of insurance, which it had issued on a hangar at an airport, was intended to cover loss by windstorm and hail and that premium was paid on that basis but that by mutual mistake the policy was written...

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