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HARDWARE DEALERS MUT. F. INS. CO. v. DIXIE WAREHOUSE CO.

No. 13503.

262 F.2d 105 (1958)

HARDWARE DEALERS MUTUAL FIRE INSURANCE COMPANY, Appellant, v. DIXIE WAREHOUSE COMPANY, Appellee.

United States Court of Appeals Sixth Circuit.

January 8, 1959.

Attorney(s) appearing for the Case

Edwin O. Davis, of Davis & Mahan, Louisville, Ky., for appellant.

John P. Sandidge, of Woodward, Hobson & Fulton, Louisville, Ky. (Robert P. Hobson, Louisville, Ky., on the brief), for appellee.

Before ALLEN, Chief Judge, SIMONS, Circuit Judge, and KENT, District Judge.

PER CURIAM.

This is an action brought by the appellant to recover for the loss of merchandise stored in the appellee's warehouse in Louisville, Kentucky. The merchandise was destroyed as a result of a fire which occurred in appellee's warehouse.

It was agreed by all parties that the burden was upon the appellee to establish freedom from negligence which was a proximate cause of the loss of the appellant's merchandise. The trial court submitted the issues of...

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