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BEATY SHOPPING CENTER, INC. v. MONARCH INS. CO. OF OHIO

No. 8766.

315 F.2d 467 (1963)

BEATY SHOPPING CENTER, INC., Appellee, v. The MONARCH INSURANCE COMPANY OF OHIO, a corporation, Appellant.

United States Court of Appeals Fourth Circuit.

Decided March 15, 1963.

Attorney(s) appearing for the Case

Wesley M. Walker, Greenville, S. C. (J. D. Todd, Jr., David A. Quattlebaum, III, Greenville, S. C., John M. Spratt, York, S. C., and Leatherwood, Walker, Todd & Mann, Greenville, S. C., on brief), for appellant.

John H. Lumpkin, Columbia, S. C. (C. W. F. Spencer, Jr., Rock Hill, S. C., and W. C. Boyd, Columbia, S. C., on brief), for appellee.

Before BRYAN and BELL, Circuit Judges, and CRAVEN, District Judge.

CRAVEN, District Judge.

After the roof of its place of business literally fell in, plaintiff Beaty Shopping Center, Inc. (hereinafter called "Beaty") sought to recover from defendant Monarch Insurance Company of Ohio (hereinafter called "Monarch") under an extended coverage insurance policy including "direct loss by windstorm". The loss occurred on July 9, 1959, at Rock Hill, South Carolina.

From a jury verdict and...

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