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MICKELSON v. HOMELAND INSURANCE COMPANY

Civ. Nos. 2485, 2486.

132 F.Supp. 670 (1955)

J. J. MICKELSON, Trustee in Bankruptcy of the Estate of Wirt Cook, an individual doing business as St. Paul Sporting Goods Co., Plaintiff, v. The HOMELAND INSURANCE COMPANY OF AMERICA, a corporation, Defendant, and United States of America, Intervener. J. J. MICKELSON, Trustee in Bankruptcy of the Estate of Wirt Cook, an individual doing business as St. Paul Sporting Goods Co., Plaintiff, v. PACIFIC NATIONAL FIRE INSURANCE COMPANY, a corporation, Defendant, and United States of America, Intervener.

United States District Court D. Minnesota, Third Division.

July 13, 1955.

Attorney(s) appearing for the Case

O'Brien & Kronebusch, by W. M. Kronebusch, Minneapolis, Minn., for plaintiff.

Sam Levin, Chicago, Ill., and Bowen & Bowen, LeRoy Bowen, Minneapolis, Minn., for defendant Pacific Nat. Fire Ins. Co.

Thomas, Bradford & King, Paul C. Thomas, St. Paul, Minn., for defendant Homeland Ins. Co., of America.

George E. MacKinnon, U. S. Atty., and Kenneth G. Owens, Asst. U. S. Atty., St. Paul, Minn., for intervener, United States.

DONOVAN, District Judge.

Plaintiff, as trustee, brings these suits against the defendant insurance companies to recover for loss and damage by fire under contracts of insurance issued to the insured prior to his bankruptcy. Plaintiff contends defendants are liable for the fire damage sustained, to be prorated, pursuant to the terms and amount of coverage of each policy. Defendants contend that the policies are void because the fire was set by the insured.

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