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LUMBERMENS MUTUAL INSURANCE COMPANY v. BOWMAN

No. 7027.

313 F.2d 381 (1963)

LUMBERMENS MUTUAL INSURANCE COMPANY, Mansfield, Ohio, Appellant, v. Robert BOWMAN and Walter Lewis and W. A. Thornberry, d/b/a Pete Thornberry & Company, Appellees.

United States Court of Appeals Tenth Circuit.

January 10, 1963.

Attorney(s) appearing for the Case

LeFel E. Oman, Las Cruces, N. M. (W. C. Whatley and R. E. Riordan, Las Cruces, N. M., on the brief), for appellant.

James T. Martin, Jr., and R. C. Garland, Las Cruces, N. M., for appellees, Robert Bowman and Walter Lewis.

T. K. Campbell, Las Cruces, N. M., for appellee, W. A. Thornberry, d/b/a Pete Thornberry & Co.

Before PICKETT, BREITENSTEIN and HILL, Circuit Judges.

HILL, Circuit Judge.

The appellees, Robert Bowman and Walter Lewis (hereinafter referred to as Bowman and Lewis, or collectively, as plaintiffs) brought this suit in the New Mexico State Court against the appellant, Lumbermens Mutual Insurance Company (hereinafter referred to as Lumbermens), to recover the face amount of a fire insurance policy, alleged to have been in force and effect at the time of the fire loss. The case was removed to the United States District...

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