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MILLERS MUT. F. INS. CO. OF TEX. v. FARMERS ELEVATOR MUT. I. CO.

No. 25863.

408 F.2d 776 (1969)

MILLERS MUTUAL FIRE INSURANCE COMPANY OF TEXAS, Appellant, v. FARMERS ELEVATOR MUTUAL INSURANCE COMPANY et al., Appellees.

United States Court of Appeals Fifth Circuit.

March 11, 1969.

Attorney(s) appearing for the Case

David M. Kendall, Jr., Julian F. Foster, Dallas, Tex., for appellant; Woodruff, Hill, Kendall & Smith, Dallas, Tex., of counsel.

J. Edward Barth, Oklahoma City, Okl., for Farmers Elevator Mut. Ins. Co.; Barefoot, Moler, Bohanon & Barth, Oklahoma City, Okl., Major C. Ginsberg, Dallas, Tex., of counsel.

Edwin L. Weisl, Jr., Asst. Atty. Gen., Alan S. Rosenthal, Robert E. Kopp, Attys., Dept. of Justice, Washington, D. C., for the United States as amicus curiae.

Before TUTTLE and GEWIN, Circuit Judges, and PITTMAN, District Judge.

PITTMAN, District Judge:

This is an appeal by the defendant Millers Mutual Fire Insurance Company (Millers) from a decision of the U. S. District Court for the Northern District of Texas, holding Millers liable to plaintiff Farmers Elevator Mutual Insurance Company (Farmers) for the amount paid by Farmers to the Commodity Credit Corporation (CCC), an agency of the United States, under an insurance policy. The district court took the case from the jury and granted...

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