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AETNA INSURANCE COMPANY v. BARNETT BROTHERS, INC.

Nos. 16490, 16494.

289 F.2d 30 (1961)

AETNA INSURANCE COMPANY et al., Appellants, v. BARNETT BROTHERS, INCORPORATED, Appellee. BARNETT BROTHERS, INCORPORATED, Cross-Appellant, v. AETNA INSURANCE COMPANY et al., Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied June 1, 1961.

Attorney(s) appearing for the Case

Paul W. Steward, Des Moines, Iowa, A. B. Crouch and Patrick D. Kelly, Des Moines, Iowa, on the brief, for Barnett Brothers, Inc.

Samuel Levin, Chicago, Ill., and Ronald M. Glink, Chicago, Ill., and Joseph I. Brody and Charles E. Harris, Des Moines, Iowa, on the brief, for Aetna Ins. Co. et al.

Before WOODROUGH, VAN OOSTERHOUT and MATTHES, Circuit Judges.

WOODROUGH, Circuit Judge.

This action was for recovery of the amount of loss by fire upon twelve fire insurance policies issued to the plaintiff, insuring its stock of furniture located in a warehouse building on Third street in Des Moines, Iowa, which burned together with its contents on May 18, 1958. There was diversity of citizenship and federal jurisdiction. The affirmative defenses pleaded by the insurance companies were arson and misrepresentation, fraud and...

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