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WELDERS SUPPLY, INC. v. AMERICAN EMPLOYERS' INSURANCE CO.

Nos. 15512, 15513.

342 F.2d 972 (1965)

WELDERS SUPPLY, INC., Plaintiff-Appellee, v. AMERICAN EMPLOYERS' INSURANCE COMPANY, Defendant-Appellant. WELDERS SUPPLY, INC., Plaintiff-Appellant, v. AMERICAN EMPLOYERS' INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

February 12, 1965.

Attorney(s) appearing for the Case

Edward D. Crocker, Cleveland, Ohio, Edward D. Crocker, Thomas V. Koykka, Charles R. Sharp, Arter, Hadden, Wykoff & Van Duzer, Cleveland, Ohio, on brief, for American Employers' Ins. Co.

Stuard Wegener, Covington, Ky., for Welders Supply, Inc.

Before CECIL and EDWARDS, Circuit Judges, and McCREE, District Judge.

EDWARDS, Circuit Judge.

This suit is a sequel to the destruction by explosion and fire of plaintiff-appellee, Welders Supply, Inc.'s, acetylene gas plant in Cleveland, Ohio, on December 14, 1960. The defendant-appellant, American Employers' Insurance Company, was one of eight insurance companies which had insured portions of the total risk represented by this operation. Defendant had issued plaintiff a "Boiler and Machinery" policy limited to $100,000 per accident...

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