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STANDARD FIRE INS. CO. v. UNITED STATES

No. 25590.

407 F.2d 1295 (1969)

STANDARD FIRE INSURANCE COMPANY, Appellant, v. UNITED STATES of America, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing and Rehearing Denied March 14, 1969.

Attorney(s) appearing for the Case

Alfred W. Offer, Carl Wright Johnson, San Antonio, Tex., for appellant.

Ted Butler, Asst. U. S. Atty., Ernest Morgan, U. S. Atty., San Antonio, Tex., for appellee.

Before GEWIN, PHILLIPS and GOLDBERG, Circuit Judges.

Rehearing and Rehearing En Banc Denied March 14, 1969.

GOLDBERG, Circuit Judge:

We review the rights and impediments to the cancellation of a fire insurance policy by the insuring company vis a vis the mortgagee of the insured property. We hold, as did the trial court, that the cancellation was ineffective and we affirm.

I.

In September, 1963, arrangements were perfected between Schroeder Enterprises, Main Bank & Trust Company (Main Bank...

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