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COLUMBIA HORSE & MULE COMMISSION CO. v. AMERICAN INS. CO.

No. 10793.

173 F.2d 773 (1949)

COLUMBIA HORSE & MULE COMMISSION CO. et al. v. AMERICAN INS. CO.

United States Court of Appeals Sixth Circuit.

April 22, 1949.

Attorney(s) appearing for the Case

Horace Frierson, of Columbia, Tenn. (Frierson & Queener and R. S. Hopkins, all of Columbia, Tenn., and F. S. Hall, of Dickson, Tenn., on the brief), for appellants.

Reber Boult, of Nashville, Tenn. (Hume, Howard & Davis, of Nashville, Tenn., of counsel), for appellee.

Before ALLEN, MARTIN, and McALLISTER, Circuit Judges.

ALLEN, Circuit Judge.

This action seeks recovery under an insurance policy for the loss of 43 mules destroyed in a fire near Dickson, Tennessee. By agreement of counsel the case was submitted to the jury for special verdict upon the issues:

No. 1:

"Was the fire that destroyed the barns rented by Plaintiff John Dodd caused by his own act for the purpose of collecting on the insurance policy in question?"

No. 2:

"How many mules were destroyed...

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