No. 16861.

302 F.2d 780 (1962)

NEW HAMPSHIRE FIRE INSURANCE COMPANY, of Manchester, New Hampshire, a Corporation, Appellant, v. VIRGIL & FRANK'S LOCKER SERVICE, INC., a Corporation, et al., Appellees.

United States Court of Appeals Eighth Circuit.

May 16, 1962.

Attorney(s) appearing for the Case

Lewis W. Sanders, of Sanders & Niewald, Kansas City, Mo., made argument for appellant and filed brief.

James S. Formby, of Formby & Paden, Kansas City, Mo., made argument for appellee and filed brief.

Before SANBORN and MATTHES, Circuit Judges, and GRAVEN, District Judge.

MATTHES, Circuit Judge.

This appeal arises from a suit upon a contract of fire insurance instituted by the insured, Virgil & Frank's Locker Service, Inc.,1 and Sam Mandacina, Joseph Mandacina, and Mike Mandacina, who were, by endorsement, insured as mortgagees of the property covered by the policy. The parties will be referred to in their capacities as plaintiffs and defendant. Jurisdiction rests upon diversity of citizenship and the...

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