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TRANSIT CASUALTY CO. v. TRANSAMERICA INSURANCE CO.

No. 18747.

387 F.2d 1011 (1967)

TRANSIT CASUALTY COMPANY, a Body Corporate, et al., Appellants, v. TRANSAMERICA INSURANCE COMPANY, Successor to American Surety Company of New York, et al., Appellees.

United States Court of Appeals Eighth Circuit.

December 20, 1967.

Attorney(s) appearing for the Case

Patrick A. O'Doherty, Baltimore, Md., for appellants; George P. Bowie, St. Louis, Mo., and John D. Schneider, St. Louis, Mo., were on the brief.

Frank X. Cleary and Daniel T. Rabbitt, Jr., of Moser, Marsalek, Carpenter, Cleary & Jaeckel, St. Louis, Mo., for appellees; J. C. Jaeckel, St. Louis, Mo., was on the brief.

Before VAN OOSTERHOUT, MEHAFFY and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

This is an appeal in a diversity action brought in the Eastern District of Missouri. A leased building, located in Detroit, Michigan, was damaged in a windstorm. Thereafter, it was extensively damaged in a fire which occurred while the wind damage was being repaired. Transit Casualty Company1 paid its insured, the lessee, $255,000 for the fire loss and brought action against the Transamerica Insurance Company

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