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GLENS FALLS INSURANCE COMPANY v. VESTAL

No. 7395.

244 F.2d 78 (1957)

GLENS FALLS INSURANCE COMPANY and The American Insurance Company of Newark, New Jersey, Appellants, v. Cameron VESTAL and Mabel A. Vestal, Appellees.

United States Court of Appeals Fourth Circuit.

Decided May 3, 1957.

Attorney(s) appearing for the Case

L. P. McLendon, Jr., and Hubert Humphrey, Jr., Greensboro, N. C. (Brooks, McLendon, Brim & Holderness, Greensboro, N. C., on brief), for appellants.

William L. Thorp, Rocky Mount, N. C. (Thorp & Thorp, Rocky Mount, N. C., on brief), for appellees.

Before PARKER, Chief Judge, SOBELOFF, Circuit Judge, and WILLIAMS, District Judge.

PER CURIAM.

This is an appeal from judgments for plaintiffs on insurance policies issued by defendants and covering a house of plaintiffs which was damaged during the course of hurricane "Hazel" on October 15, 1954. The policies covered loss caused by "windstorm" but excluded loss caused by water "whether driven by wind or not". The question in the case is whether the damage to plaintiffs' house was caused by wind alone or by tidal waters driven by the wind. The case...

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