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LITITZ MUTUAL INSURANCE COMPANY v. BARNES

No. 16466.

248 F.2d 241 (1957)

LITITZ MUTUAL INSURANCE COMPANY et al., Appellants, v. Martha BARNES, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 31, 1957.

Attorney(s) appearing for the Case

Marshall H. Fitzpatrick, Joseph S. Mead, Birmingham, Ala., for appellants.

W. W. Dinning, Hugh A. Lloyd, Demopolis, Ala., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

This appeal is from a judgment against the insurer in a fire insurance policy for the amount of $4,000 plus 6% interest from September 22, 1953, the date of the fire. The policy was issued on October 3, 1949, for a term of five years to October 3, 1954. To an amount not exceeding $5,000, it insured against loss by fire George H. Jay to the extent of the actual cash value at the time of loss, "nor in any event for more than the interest of the...

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