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GARVEY v. OLD COLONY INSURANCE COMPANY

Civ. No. 733.

153 F.Supp. 755 (1957)

E. W. GARVEY and wife, Mary L. Garvey, Plaintiffs, v. OLD COLONY INSURANCE COMPANY. Defendant.

United States District Court E. D. North Carolina, Wilmington Division.

July 8, 1957.

Attorney(s) appearing for the Case

Cicero P. Yow, Wilmington, N. C., for plaintiffs.

Joshua James, Wilmington, N. C., for defendant.

GILLIAM, District Judge.

This is an action on a policy issued by defendant insuring plaintiffs against loss by fire and lightning, and containing extended coverage for loss by windstorm, hail and explosion, tried without a jury.

The policy was issued on December 1, 1955, and the frame building described in the policy was completely destroyed by fire of undetermined origin during the night of January 23, 1956. At the time the policy was issued Mrs. Garvey represented...

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