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NIAGARA FIRE INS. CO. v. MUHLE

No. 14852.

208 F.2d 191 (1953)

NIAGARA FIRE INS. CO. v. MUHLE.

United States Court of Appeals, Eighth Circuit.

Rehearing Denied December 31, 1953.

Attorney(s) appearing for the Case

Alvin C. Randall, Kansas City, Mo. (Henry Depping and Hogsett, Depping, Houts & James, Kansas City, Mo., on the brief), for appellant.

Robert L. Robertson and Fred J. Freel, Kansas City, Mo., for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and COLLET, Circuit Judges.

COLLET, Circuit Judge.

Fred J. Muhle recovered a judgment for $7,175.00 against the defendant insurance company on an insurance policy covering loss to his farm buildings from windstorm. The policy provided that the defendant should not be liable —

"* * * for loss caused directly or indirectly by (a) frost or cold weather or (b) ice (other than hail), snowstorm, tidal wave, high water or overflow, whether driven by wind or not."

The defense...

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