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ROGERS v. UNITED STATES FID. & GUAR. CO.

Docket No. 31236.

260 Cal.App.2d 404 (1968)

67 Cal. Rptr. 251

RICHARD ROGERS, Plaintiff and Respondent, v. UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

March 25, 1968.

Attorney(s) appearing for the Case

Hunter & Hunter and Clark Mangum Hunter for Defendant and Appellant.

Morse, Cosgrove, Michelizzi & Schwabacher and Philip M. Schwabacher for Plaintiff and Respondent.

HUFSTEDLER, J.

Defendant, United States Fidelity and Guaranty Company ("Fidelity"), appeals from a judgment awarding plaintiff Rogers damages for breach of an insurance contract between them.

Fidelity contends that the evidence did not support the trial court's finding that Rogers had performed the conditions imposed upon him by the insurance contract. The premise of Fidelity's argument is that paragraph 8

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