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TRICE v. COMMERCIAL UNION ASSURANCE COMPANY

Nos. 17871, 17872.

397 F.2d 889 (1968)

Helen Corrine Scales TRICE, Executrix Under the Will of Joe W. Scales, Deceased, Plaintiff-Appellant, v. COMMERCIAL UNION ASSURANCE COMPANY, Ltd., et al., Defendants-Appellees. COMMERCIAL UNION ASSURANCE COMPANY, Ltd., et al., Cross-Plaintiffs-Appellants, v. Helen Corrine Scales TRICE, Executrix Under the Will of Joe W. Scales, Deceased, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

July 18, 1968.

Attorney(s) appearing for the Case

Fyke Farmer, Nashville, Tenn., for Trice.

William B. Cain, Columbia, Tenn., for Commercial Union Assurance Co. and others, Lon P. MacFarland, Columbia, Tenn., Joe W. Henry, Jr., Pulaski, Tenn., D. C. Lee, Pulaski, Tenn., on the brief.

Before WEICK, Chief Judge, McCREE, Circuit Judge, and McALLISTER, Senior Circuit Judge.

WEICK, Chief Judge.

This case is before us a second time.1 The prior proceedings in this action as well as the facts of the case are adequately detailed in the published opinions of the District Court and this Court, and will not be repeated except where necessary for clarity.

Upon remand to the District Court following our decision on the first appeal, plaintiff's action on fire insurance policies was retried before another jury...

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