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PETERS v. GREAT AMERICAN INS. CO.

No. 5948.

177 F.2d 773 (1949)

PETERS v. GREAT AMERICAN INS. CO., NEW YORK.

United States Court of Appeals Fourth Circuit.

Decided November 8, 1949.

Attorney(s) appearing for the Case

David W. Robinson and John E. Edens, Columbia, S. C. (Robinson & Robinson, Columbia, S. C., on brief), for appellant and cross-appellee.

Joseph L. Nettles, Columbia, S. C., and Bert Cotton, New York City (Rein, Mound & Cotton, New York City, on brief), for appellee and cross-appellant.

Before SOPER and DOBIE, Circuit Judges, and BARKSDALE, District Judge.

SOPER, Circuit Judge.

This suit was brought by the insured upon a monthly reporting policy of fire insurance on the stock of goods in a manufacturing plant in Johnston, South Carolina, which was destroyed by fire on July 23, 1947. The net loss, after deducting salvage of $200, was $76,161.73. The limit of liability for all contributing insurance set out in the policy was $75,000. The company admitted a liability of $31,663.45 and paid this sum without prejudice to...

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