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LEWIS FOOD CO. OF CAL. v. MILWAUKEE INSURANCE CO.

No. 15500.

257 F.2d 525 (1958)

LEWIS FOOD COMPANY OF CALIFORNIA, a corporation, Appellant, v. MILWAUKEE INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

June 30, 1958.

Attorney(s) appearing for the Case

Baird & Holley, G. A. Sheppard, Los Angeles, Cal., for appellant.

Hindman & Davis, E. Eugene Davis, Sr., Los Angeles, Cal., for appellee.

Before FEE, CHAMBERS and BARNES, Circuit Judges.

BARNES, Circuit Judge.

This is an action on two insurance policies by an insured against an insurer, based on their diversity of citizenship. (28 U.S.C. § 1332.)

A fire occurred on December 20, 1954, on and in the Los Angeles premises occupied by appellant. Judgment was recovered on the first policy (No. 12073, insuring against loss of damage by fire to stock and merchandise) in the sum of $56,309.66, without interest or costs, and on the second policy...

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