GANDELMAN v. MERCANTILE INS. CO. OF AMERICA

No. 12606.

187 F.2d 654 (1951)

GANDELMAN v. MERCANTILE INS. CO. OF AMERICA et al.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 10, 1951.


Attorney(s) appearing for the Case

Don Marlin, Los Angeles, Cal., for appellant.

Hindman & Davis and E. Eugene Davis, Los Angeles, Cal., for appellees.

Before HEALY, BONE and ORR, Circuit Judges.


ORR, Circuit Judge.

This appeal is from a summary judgment denying appellant a recovery on two separate policies of fire insurance alleged to have been in effect on April 11, 1947, at which time appellant suffered the loss of his entire stock of merchandise. A signed statement of facts was filed. The question presented is whether there is a material fact in dispute which, if resolved in favor of appellant, could support the conclusion that there existed a valid contract...

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