YATES v. STATE FARM FIRE AND CASUALTY COMPANY

No. 27579.

417 F.2d 766 (1969)

Bob YATES and wife, Mary A. Yates, Plaintiffs-Appellees, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant-Appellant.

United States Court of Appeals Fifth Circuit.

October 27, 1969.


Attorney(s) appearing for the Case

William A. Gillen, Fowler, White, Collins, Gillen, Humkey & Trenam, Tampa, Fla., Kaleel, Kaleel & Kaleel, William Charles Kaleel, St. Petersburg, Fla., for defendant-appellant.

J. A. McClain, McClain, Turbiville & Heller, Tampa, Fla., Summerlin & Connor, Roy C. Summerlin, Winter Haven, Fla., for plaintiffs-appellees.

Before TUTTLE, WISDOM, and BELL, Circuit Judges.


PER CURIAM:

The plaintiffs prevailed in a suit on a fire insurance policy. Their home and its contents were totally destroyed by fire. The defendant insurance company undertook to establish two affirmative defenses: One, that the fire originated by act, design or procurement on the part of plaintiffs; two, that plaintiffs were guilty of false swearing as to the value of the contents of the house.

The district court...

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