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FRANKS v. GROENDYKE TRANSPORT

No. 5171.

229 F.2d 731 (1956)

Jesse W. FRANKS; Central States Fire Insurance Company; Springfield Fire & Marine Insurance Company, Appellants, v. GROENDYKE TRANSPORT, Inc., Appellee.

United States Court of Appeals Tenth Circuit.

January 12, 1956.

Attorney(s) appearing for the Case

Clarence N. Holeman, Wichita, Kan. (W. A. Kahrs and Robert H. Nelson, Wichita, Kan., were with him on the brief), for appellants.

Malcolm Miller, Wichita, Kan. (George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Robert N. Partridge and Robert M. Siefkin, Wichita, Kan., were with him on the brief), for appellee.

Before BRATTON, Chief Judge, HUXMAN, Circuit Judge, and CHRISTENSON, District Judge.

BRATTON, Chief Judge.

Jesse W. Franks instituted this action against Groendyke Transport, Inc., to recover damages for the destruction of property by fire. Central States Fire Insurance Company and Springfield Fire & Marine Insurance Company subsequently joined as parties plaintiff. The defendant denied liability and by cross-complaint sought to recover damages for injury to its property by the fire. The cause was tried to a jury. At the conclusion of all the...

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