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MERCANTILE TRUST CO. v. NEW YORK UNDERWRITERS INS. CO.

No. 15925.

376 F.2d 502 (1967)

MERCANTILE TRUST COMPANY, a Corporation, as Trustee, Plaintiff-Appellee, v. NEW YORK UNDERWRITERS INSURANCE COMPANY, a Corporation, and Edward D. Luer, Defendants, New York Underwriters Insurance Company, Appellant.

United States Court of Appeals Seventh Circuit.

May 4, 1967.

Attorney(s) appearing for the Case

J. Fred Schlafly, Alton, Ill., John H. Cunningham, Jr., St. Louis, Mo., for appellant.

Robert B. Maucker, James K. Almeter, Alton, Ill., for appellee.

Before CASTLE, KILEY and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

In this diversity action, the Mercantile Trust Company ("Mercantile") of St. Louis, Missouri, has sued to recover $20,000 insurance for the loss of a dwelling house, whose title was held by Mercantile in trust for the benefit of Edward D. Luer. After a bench trial, the District Court held for Mercantile, and the New York Underwriters Insurance Company ("Underwriters") has appealed.

In 1928, Herman F. Luer and his wife established a...

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