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NUGENT v. GENERAL INSURANCE COMPANY OF AMERICA

No. 15910.

253 F.2d 800 (1958)

M. NUGENT, Appellant, v. GENERAL INSURANCE COMPANY OF AMERICA, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 2, 1958.

Attorney(s) appearing for the Case

Joseph J. Howard, St. Louis, Mo., for appellant.

C. M. Kirkham, St. Louis, Mo. (F. X. Cleary and Moser, Marsalek, Carpenter, Cleary, Jaeckel & Hamilton, St. Louis, Mo., were with him on the brief), for appellee.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment for the defendant (appellee) in an action upon a policy issued by it, insuring, for a term of three years from December 19, 1954, a brick building owned and occupied as a dwelling by the plaintiff (appellant) in University City, St. Louis County, Missouri, against direct loss caused by "Collapse of building(s) or any part thereof."

The claim stated in the plaintiff's complaint is that during the fall...

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