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THOMASON v. UNITED STATES FIDELITY & GUARANTY CO.

No. 16317.

248 F.2d 417 (1957)

M. R. THOMASON, Contractor, a partnership composed of M. R. Thomason, D. B. Holt, Jr., and others, Appellants, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 9, 1957.

Second Petition for Rehearing Denied November 18, 1957.

Attorney(s) appearing for the Case

Fred S. Ball, Jr., Montgomery, Ala., for appellants.

Marion Rushton, Oakley Melton, Jr., Montgomery, Ala., Rushton, Stakely & Johnston, Montgomery, Ala., of counsel, for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.

JONES, Circuit Judge.

The appellee, United States Fidelity & Guaranty Company, issued to the appellant, M. R. Thomason, a partnership, a policy of insurance by which the appellee undertook,

"* * * To pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as damages because of injury to or destruction of property, including the loss of use thereof, caused by accident."

The policy required the appellee to...

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