LUMBERMENS M. I. CO. OF MANSFIELD, OHIO v. CANTEX MFG. CO.

No. 17276.

262 F.2d 63 (1958)

The LUMBERMENS MUTUAL INSURANCE COMPANY OF MANSFIELD, OHIO, Appellant & Cross-Appellee, v. CANTEX MANUFACTURING COMPANY, Appellee & Cross-Appellant. CANTEX MANUFACTURING COMPANY, Appellee & Cross-Appellant, v. The LUMBERMENS MUTUAL INSURANCE COMPANY OF MANSFIELD, OHIO, Appellant & Cross-Appellee.

United States Court of Appeals Fifth Circuit.

November 19, 1958.


Attorney(s) appearing for the Case

Edward L. Savell, Atlanta, Ga., Woodruff, Latimer & Savell, Atlanta, Ga., for appellant.

Hugh M. Dorsey, Jr., Atlanta, Ga., Jones, Williams, Dorsey & Kane, Atlanta, Ga., of counsel, for appellee.

Before RIVES, TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

Defendant insurance company is here appealing from a judgment rendered on a jury verdict awarding plaintiff recovery for certain items destroyed by fire in the destruction of plaintiff's factory. Defendant's defense to the claim, and its theory on appeal, is that these items were not covered by the terms: "the insured's interest in improvements and betterments" on a building in Canton, Georgia, which was leased by plaintiff for use as a corduroy...

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