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FIREMAN'S FUND INSURANCE CO. v. WILBURN BOAT CO.

No. 18722.

300 F.2d 631 (1962)

FIREMAN'S FUND INSURANCE COMPANY, Appellant, v. WILBURN BOAT COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 23, 1962.

Attorney(s) appearing for the Case

Edward B. Hayes, Chicago, Ill., Joe A. Keith, Sherman, Tex., Warren C. Ingersoll, Chicago, Ill., for appellant.

Hobert Price, Dallas, Tex., T. G. Schirmeyer, Houston Tex., Gullett & Gullett, Denison, Tex., for appellees.

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

TUTTLE, Chief Judge.

This is the third appearance of this case in this Court. It has been tried three times in the trial court and has been once to the Supreme Court of the United States. On the first trial it appeared that the plaintiffs, Wilburn Boat Company, conceded that specific warranties contained in the policy of marine insurance sued on against use for other than private pleasure, against pledge and against sale, had been violated. The trial judge thereupon...

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