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DUBUQUE FIRE AND MARINE INSURANCE CO. v. CAYLOR

No. 5612.

249 F.2d 162 (1957)

DUBUQUE FIRE AND MARINE INSURANCE COMPANY, Appellant, v. Clifford CAYLOR, Fayne Caylor and Merle Caylor, doing business as Caylor Brothers Construction Company, Appellees.

United States Court of Appeals Tenth Circuit.

October 24, 1957.

Attorney(s) appearing for the Case

Robert L. Jackson, Kansas City, Mo. (Dean C. Allard and Donald C. Little, Kansas City, Mo., were with him on the brief), for appellant.

Clem W. Fairchild, Kansas City, Mo., and Karl V. Shawver, Jr., Paola, Kan. (Davis, Thomson, Vandyke & Fairchild, Kansas City, Mo., and Shawver & Shawver, Paola, Kan., were with them on the brief), for appellees.

Before BRATTON, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.

PHILLIPS, Circuit Judge.

Clifford Caylor, Fayne Caylor and Merle Caylor, d/b/a Caylor Brothers Construction Company,1 brought an action against the Dubuque Fire and Marine Insurance Company2 in the District Court of Miami County, Kansas, on an insurance policy issued by the Insurance Company to the Caylor Brothers seeking to recover under the policy losses suffered by reason of damage to the engines of three...

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