UNITED STATES v. SPRINGFIELD FIRE & MARINE INS. CO.

No. 14774.

207 F.2d 935 (1953)

UNITED STATES v. SPRINGFIELD FIRE & MARINE INS. CO.

United States Court of Appeals, Eighth Circuit.

November 17, 1953.


Attorney(s) appearing for the Case

Morton Hollander, Atty., Dept. of Justice, Washington, D. C. (Warren E. Burger, Asst. Atty. Gen., Sam M. Wear, U. S. Atty., Hugh A. Miner, Asst. U. S. Atty., Kansas City, Mo., and Paul A. Sweeney and George F. Foley, Attys., Dept. of Justice, Washington, D. C., on the brief), for appellant.

Henry Depping, Kansas City, Mo. (William S. Hogsett, Joseph R. Hogsett, and Hogsett, Depping, Houts & James, Kansas City, Mo., on the brief), for appellee.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

The United States sued the Springfield Fire & Marine Insurance Company to recover on a policy of fire insurance. The court, on a trial without a jury, gave judgment for the defendant, and the Government has appealed. The contract liability of the insurer is controlled by Missouri law.

The policy was one covering both real and personal property, issued to William Robbins and Virginia Robbins as insureds, and containing a union mortgage...

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