RUSSELL MINING CO. v. NORTHWESTERN F. & M. INSURANCE CO.

No. 15137.

322 F.2d 440 (1963)

RUSSELL MINING COMPANY, Inc., Plaintiff-Appellee, v. NORTHWESTERN FIRE & MARINE INSURANCE COMPANY, Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

September 16, 1963.


Attorney(s) appearing for the Case

Edward Blake Moore, Chattanooga, Tenn. (Alvin O. Moore, Spears, Moore, Rebman & Williams, Chattanooga, Tenn., on brief), for appellant.

Sam J. McAllester, Jr., McAllester & McAllester and Clarence Kolwyck, Chattanooga, Tenn., for appellee.

Before MILLER and WEICK, Circuit Judges, and McALLISTER, Senior Circuit Judge.


McALLISTER, Senior Circuit Judge.

The Russell Mining Company brought an action to recover upon a policy of insurance for the loss of a barge which sank at its mooring in thirty-five feet of water in the Tennessee River on the night of July 10, 1958. The District Court entered a judgment in favor of the plaintiff in the amount of $10,000, and defendant, Northwestern Fire & Marine Insurance Company, appeals.

The background of the case is as follows: The...

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