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FIREMAN'S FUND INS. CO. OF SAN FRANCISCO v. HANLEY

No. 13201.

252 F.2d 780 (1958)

FIREMAN'S FUND INSURANCE COMPANY OF SAN FRANCISCO, California, a California Corporation, Appellant, v. Joseph A. HANLEY and Ruth C. Hanley, Appellees.

United States Court of Appeals Sixth Circuit.

February 25, 1958.

Attorney(s) appearing for the Case

J. T. Hammond, Benton Harbor, Mich., and Herbert R. Stoffels, Chicago, Ill., for appellant.

Harold S. Sawyer, Grand Rapids, Mich. (Harold S. Sawyer, Warner, Norcross & Judd, Grand Rapids, Mich., John T. Ryan, St. Joseph, Mich., on the brief), for appellees.

Before ALLEN and MILLER, Circuit Judges, and BOYD, District Judge.

ALLEN, Circuit Judge.

This appeal arises out of an action on an insurance policy for the destruction by landslide of a residence and real property located in St. Joseph, Michigan. The residence occupied the top of a bluff some 80 feet high overlooking the lake. The jury returned a verdict for plaintiffs1 upon which judgment was rendered.

The case arises out of the following facts which, in general, are not in controversy:

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