MILLERS' NATIONAL INSURANCE COMPANY, CHICAGO, ILLINOIS, et al., Appellants and Cross-Appellees,
v.
The WICHITA FLOUR MILLS COMPANY, Appellee and Cross-Appellant.
The WICHITA FLOUR MILLS COMPANY, Appellee and Cross-Appellant,
v.
MILLERS' NATIONAL INSURANCE COMPANY, CHICAGO, ILLINOIS, et al., Appellants and Cross-Appellees.
United States Court of Appeals Tenth Circuit.https://leagle.com/images/logo.png
June 9, 1958.
Rehearing Denied July 9, 1958.
Attorney(s) appearing for the Case
O. B. Eidson, Topeka, Kan., and Lawrence Weigand, Wichita, Kan. (Donald A. Bell, Wichita, Kan., James W. Porter, Topeka, Kan., Depew, Stanley, Weigand, Hook & Curfman, Wichita, Kan., of counsel, and Lillard, Eidson, Lewis & Porter, Topeka, Kan., of counsel, on the brief), for appellants and cross-appellees.
Malcolm Miller, Wichita, Kan. (George B. Powers, Carl T. Smith, John F. Eberhardt, Stuart R. Carter, Robert C. Foulston, Robert N. Partridge, Robert M. Siefkin, Richard C. Harris and Gerald Sawatzky, Wichita, Kan., on the brief), for appellee and cross-appellant.
Before BRATTON, Chief Judge, and PHILLIPS and BREITENSTEIN, Circuit Judges.
United States Court of Appeals Tenth Circuit.
BREITENSTEIN, Circuit Judge.
On its claim of an explosion loss, appellee, The Wichita Flour Mills Company,1 recovered a judgment for $109,468.08, plus interest, against the eighteen appellant insurance companies.2 Defendants admit that their policies cover loss by explosion and assert that there was no explosion but rather a structural failure for which they are not...
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