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SERIO v. BADGER MUTUAL INSURANCE COMPANY

No. 17358.

266 F.2d 418 (1959)

Sam SERIO, d/b/a Magnolia Canning Company, Appellant, v. BADGER MUTUAL INSURANCE COMPANY and Northwestern Mutual Fire Association, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 4, 1959.

Attorney(s) appearing for the Case

P. Z. Jones, Ross R. Barnett, Jackson, Miss., O. W. Phillips, Magnolia, Miss., M. B. Montgomery, Jackson, Miss., Barnett, Jones & Montgomery, Jackson, Miss., of counsel, for appellant.

Thomas H. Watkins, Elizabeth Grayson, Jackson, Miss., Watkins & Eager, Jackson, Miss., of counsel, for appellee.

Before HUTCHESON, Chief Judge, and RIVES and JONES, Circuit Judges.

JONES, Circuit Judge.

Among other business ventures the appellant, Sam Serio, had operated a canning factory at Magnolia, Mississippi, since 1939, under the name of Magnolia Canning Co. The operation was seasonal, beans being canned in the spring and sweet potatoes in the fall. On June 11, 1939, Badger Mutual Insurance Company, one of the appellees, issued to the appellant a policy of fire insurance on the canned vegetables...

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