UNITED STATES FIRE INSURANCE CO. v. MILNER HOTELS

No. 15716.

253 F.2d 542 (1958)

UNITED STATES FIRE INSURANCE COMPANY, a corporation of New York, and Western Fire Insurance Company, a corporation organized in the State of Kansas, Appellants, v. MILNER HOTELS, Inc., a North Dakota corporation, Appellee.

United States Court of Appeals Eighth Circuit.

April 1, 1958.


Attorney(s) appearing for the Case

P. W. Lanier, Sr., Fargo, N. D. (Lanier, Lanier & Knox, Fargo, N. D., with him on the brief), for appellants.

J. Gerald Nilles, Fargo, N. D. (Nilles, Oehlert & Nilles, Fargo, N. D., with him on the brief), for appellee.

Before GARDNER, Chief Judge, and JOHNSEN and VOGEL, Circuit Judges.


JOHNSEN, Circuit Judge.

Appellants are fire insurance companies. They had issued policies upon a restaurant located in the Earle Hotel at Fargo, North Dakota. The restaurant space was leased by the insured from appellee, which was the owner and operator of the hotel. The building, including the restaurant, was destroyed by a fire, which occurred on December 13, 1951.

The loss to appellants' insured from the fire was $19,975, which they paid to him under their...

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