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HOLBROOK v. INSTITUTIONAL INSURANCE COMPANY OF AMERICA

No. 15237.

369 F.2d 236 (1966)

Garland A. HOLBROOK and Truck Acceptance Corporation, Plaintiffs-Appellees, v. INSTITUTIONAL INSURANCE COMPANY OF AMERICA, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

Rehearing Denied January 5, 1967.

Attorney(s) appearing for the Case

Norman J. Barry, Norris J. Bishton, Jr., Chicago, Ill., Rothschild, Hart, Stevens & Barry, Chicago, Ill., of counsel, for appellant.

Edward V. Scoby, Ward P. Fisher, Kralovec, Sweeney, Marquard & Scoby, Chicago, Ill., for appellees.

Before SCHNACKENBERG, SWYGERT, and CUMMINGS, Circuit Judges.

SWYGERT, Circuit Judge.

This diversity action was brought by Garland A. Holbrook, a citizen of New Mexico, and the Truck Acceptance Corporation, a Washington corporation, against the Institutional Insurance Company of America, an Illinois corporation, to recover under the terms of a policy of insurance issued by Institutional. Holbrook, the insured, and Truck Acceptance, a loss payee on the policy, sought to recover for the destruction of a diesel tractor and trailer...

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