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ROGERS v. AMERICAN INSURANCE CO.

No. 17696.

338 F.2d 240 (1964)

Elmer ROGERS, d/b/a Elmer's Plaza Bowl, Appellant, v. AMERICAN INSURANCE CO., and National Fire Insurance Co. of Hartford, Appellees.

United States Court of Appeals Eighth Circuit.

November 16, 1964.

Attorney(s) appearing for the Case

Duane P. Benson, of Graham, Califf, Harper, Benson & Railsback, Moline, Ill., and Donald H. Sitz, of Lane & Waterman, Davenport, Iowa, made argument for appellant and filed brief.

Kenneth H. Haynie, of Bannister, Carpenter, Ahlers & Cooney, Des Moines, Iowa, made argument for appellees and filed brief with Paul Ahlers, of Bannister, Carpenter, Ahlers & Cooney, Des Moines, Iowa.

Before VOGEL, VAN OOSTERHOUT and MEHAFFY, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

This is an action brought by plaintiff Rogers on two $25,000 business interruption policies, one issued by each of the defendant insurance companies. The material provisions of both policies are identical. It is conceded that the policies are in force, that they covered plaintiff's bowling establishment which was destroyed by fire on July 14, 1962, and that each insurer is liable for one-half...

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