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CUMMINGS v. NEW ENGLAND INSURANCE COMPANY

No. 17574.

266 F.2d 888 (1959)

H. B. CUMMINGS, Appellant, v. NEW ENGLAND INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 22, 1959.

Attorney(s) appearing for the Case

Landman Teller, Vicksburg, Miss., T. H. Campbell, Jr., Yazoo City, Miss., Oscar P. LaBarre, Vicksburg, Miss., John B. Loomer, Yazoo City, Miss., Teller, Biedenharn & Rogers, Vicksburg, Miss., for appellant, H. B. Cummings.

Elizabeth Grayson, Thomas H. Watkins, Jackson, Miss., James D. Thames, Vicksburg, Miss., for appellee.

Before TUTTLE, CAMERON and WISDOM, Circuit Judges.

TUTTLE, Circuit Judge.

This is an appeal from a judgment entered for the insurance company notwithstanding the jury's verdict in favor of the assured Cummings. The jury's verdict was set aside by the trial court because he found, as a matter of law, that the policy was suspended at the time of the fire because of an increase in hazard not agreed to by the company.1

The appellee insurance...

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