SOUTHWESTERN GRAPHITE CO. v. FIDELITY & G. INS. CORP.

No. 13814.

201 F.2d 553 (1953)

SOUTHWESTERN GRAPHITE CO. et al. v. FIDELITY & GUARANTY INS. CORP.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 4, 1953.


Attorney(s) appearing for the Case

William A. Brown, Ralph W. Yarborough and Louis Scott Wilkerson, Austin, Tex., B. H. Fly, Dallas, Tex., for Reconstruction Finance Corp.

David Bland and Austin Y. Bryan, Jr., Houston, Tex., for appellee.

Before HOLMES, RUSSELL, and STRUM, Circuit Judges.


HOLMES, Circuit Judge.

The appellants instituted this action on a five-year insurance policy, dated April 14, 1942, for losses by fire to real and personal property at Southwestern Graphite Company's plant in Texas. The fire occurred on February 13, 1947. The appellants sued on the policy in its original form and, in the alternative, on the policy as modified orally and in writing by the insurer acting through its agent, John L. Garner, Jr. The basic issue raised...

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