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NEWARK INSURANCE COMPANY v. DAVIS

Civ. A. No. 764.

139 F.Supp. 396 (1956)

NEWARK INSURANCE COMPANY, Plaintiff, v. Jack W. DAVIS, Defendant.

United States District Court S. D. West Virginia, Huntington Division.

March 23, 1956.

Attorney(s) appearing for the Case

John E. Jenkins (Jenkins & Jenkins, Huntington, W. Va., on brief), for plaintiff.

E. A. Marshall (Fitzpatrick, Marshall, Huddleston & Bolen, Huntington, W. Va., on brief), for defendant.

HARRY E. WATKINS, District Judge.

Here the plaintiff insurance company seeks to recover from the defendant the amount it has paid to its assured under a fire insurance policy on the theory that the building was set on fire by reason of the negligence of the defendant.

The fire occurred on the premises of the Evans Grocery Company at 2445 Third Avenue in the City of Huntington, West Virginia, on the evening of August 18, 1954. The defendant is a construction...

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