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FIREMAN'S MUTUAL INSURANCE CO. v. S. S. JACOBS CO.

No. 1267.

162 So.2d 816 (1964)

FIREMAN'S MUTUAL INSURANCE COMPANY v. S. S. JACOBS COMPANY, Inc., Sun Erection Company, Inc., Aetna Casualty and Surety Company, Aetna Fire Insurance Company, United States Fidelity and Guaranty Company.

Court of Appeal of Louisiana, Fourth Circuit.

April 6, 1964.

Attorney(s) appearing for the Case

Duke & Porterie, Louis B. Porterie, New Orleans, for Fireman's Mut. Ins. Co., plaintiff-appellee.

Adams & Reese, John T. Cooper, New Orleans, for Sun Erection Co., Inc., and Aetna Casualty & Surety Co., defendants-appellants.

Christovich & Kearney, A. R. Christovich, Jr., New Orleans, for S. S. Jacobs Co., Inc., and Fidelity & Casualty Co. of New York, defendants-appellees.

Before HALL, TURNER, and BARNETTE, JJ.

CHRIS T. BARNETTE, Judge pro tem.

This is a suit in subrogation brought by the plaintiff, insurer of the Winn-Dixie Stores, Inc., for damages arising out of a fire within the terms of the policy of insurance.

The warehouse of the Winn-Dixie Stores, Inc., was being enlarged, and during the course of construction it was necessary that a wall be entirely removed for the extension of the building. When the wall was removed, the merchandise of the insured was exposed...

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