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GENERAL AMERICAN TRANSP. CORP. v. SUN INSURANCE OFFICE, LTD.

No. 16614.

369 F.2d 906 (1966)

GENERAL AMERICAN TRANSPORTATION CORP., Plaintiff-Appellee, v. SUN INSURANCE OFFICE, LTD., Defendant-Appellant.

United States Court of Appeals Sixth Circuit.

December 13, 1966.

Attorney(s) appearing for the Case

John M. Aherne, New York City (Spears, Moore, Rebman & Williams, Chattanooga, Tenn., on the brief), for appellant. Bigham, Englar, Jones & Houston, New York City, Donald F. Connors, Julian S. Gravely, Jr., New York City, Alvin O. Moore, Chattanooga, Tenn., of counsel.

James M. Goff, Chicago, Ill. (Boult, Hunt, Cummings & Conners, Nashville, Tenn., Sonnenschein, Levinson, Carlin, Nath & Rosenthal, Chicago, Ill., on the brief), for appellee. Joseph G. Cummings, Port Huron, Mich., Bernard J. Nussbaum, Errol L. Stone, Chicago, Ill., of counsel.

Before PHILLIPS, CELEBREZZE and PECK, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment under an all risk policy of property insurance. The litigation grew out of a construction project at the Arnold Engineering Development Center, a federally owned establishment at Tullahoma, Coffee County, Tennessee. Jurisdiction being based upon diversity of citizenship, Tennesse law is controlling.

The project involved the erection of a unique structure, an underground silo, as a part of a propulsion engine altitude...

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