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CITY OF RICHMOND v. ATLANTIC COMPANY

No. 7893.

273 F.2d 902 (1960)

CITY OF RICHMOND, Appellant, v. ATLANTIC COMPANY, a corporation organized and existing under the laws of the State of Georgia, trading and doing business in the City of Richmond, Virginia, as Merchants Ice and Cold Storage Company, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 13, 1960.

Attorney(s) appearing for the Case

John S. Davenport, III, Richmond, Va. (J. E. Drinard, City Atty., John P. McGuire, Jr., Asst. City Atty., George B. Little, William R. Cogar and Denny, Valentine & Davenport, Richmond, Va., on the brief), for appellant.

George R. Humrickhouse, Richmond, Va. (Fielding L. Williams, Louis G. Fields, Jr., Williams, Mullen, Pollard & Rogers, Richmond, Va., Griffin B. Bell, Harry C. Howard, Jr., and Spalding, Sibley, Troutman, Meadow & Smith, Atlanta, Ga., on the brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.

BOREMAN, Circuit Judge.

The Atlantic Company, doing business in Richmond, Virginia, as Merchants Ice and Cold Storage Company, hereinafter referred to as "Merchants", instituted this action to recover damages resulting from an explosion which occurred in its cold storage warehouse in Richmond shortly after 10:30 on the morning of January 16, 1958. Merchants claimed damages to its real and personal property, for loss of use thereof and, by right of subrogation and...

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