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BATES v. GRAIN DEALERS NATIONAL MUTUAL FIRE INS. CO.

283 S.W.2d 3 (1955)

S. J. BATES, Appellant, v. GRAIN DEALERS NATIONAL MUTUAL FIRE INSURANCE COMPANY, Indianapolis, Indiana, et al., Appellee. S. J. BATES, Appellant, v. AETNA INSURANCE COMPANY, Appellee.

Court of Appeals of Kentucky.

June 24, 1955.

Attorney(s) appearing for the Case

Henry L. Moore, Whitesburg, Funk, Chancellor & Marshall, Frankfort, for appellant.

Stephen Combs, Jr., Whitesburg, Ogden, Galphin & Abell, Louisville, for appellees.

MOREMEN, Judge.

These two cases, consolidated by order of this court for purposes of briefing, question the propriety of the lower court in sustaining a demurrer to the petitions as amended in each case. We will refer to the Aetna Insurance Co. case as the "Aetna case" and to the Grain Dealers National Mutual Fire Insurance Co. case as the "Grain Dealers case."

Two questions are presented, one of which is common to both cases and the other applies only to...

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