BENADA ALUMINUM PRODUCTS CO. v. HOME INSURANCE CO.

No. 23734.

368 F.2d 1001 (1966)

BENADA ALUMINUM PRODUCTS COMPANY, Appellant, v. The HOME INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

November 18, 1966.


Attorney(s) appearing for the Case

Howard R. Hirsch, Miami, Fla., for appellant.

Henry Burnett, Miami, Fla., for appellee.

Before BROWN, BELL and DYER, Circuit Judges.


PER CURIAM.

The complaint presented four separate and identified claims, I through IV inclusive, against the Defendant Insurance Company. On trial by the Court alone, the Court found the Insurer not liable under claims I, III, and IV, but liable under claim II with the issue of damages severed, F.R.Civ.P. 42(b). Plaintiff appeals with respect to the adverse decision regarding liability on claims I, III, and IV. On motion to dismiss the appeal by the Insurer, we must...

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