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BURDETT OXYGEN CO. OF CLEVELAND v. EMPLOYERS S. L. INS. CO.

No. 19322.

419 F.2d 247 (1969)

BURDETT OXYGEN COMPANY OF CLEVELAND, INC., Plaintiff-Appellant, v. EMPLOYERS SURPLUS LINES INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 10, 1969.

Attorney(s) appearing for the Case

Marvin L. Karp, Cleveland, Ohio, Jordan C. Band, Ulmer, Berne, Laronge, Glickman & Curtis, Cleveland, Ohio, on brief, for appellant.

John E. Martindale, Cleveland, Ohio, Sheldon S. Reynolds, Arter & Hadden, Cleveland, Ohio, on brief, for appellee.

Before EDWARDS, CELEBREZZE and COMBS, Circuit Judges.

CELEBREZZE, Circuit Judge.

This appeal is brought by the insured to recover actual business interruption loss sustained by it. The District Court for the Northern District of Ohio, Eastern Division, granted the Appellees motion for summary judgment on the ground that the stipulated damage was expressly excluded by the insurance policy.

The parties stipulated that on May 3, 1966, a fracture occurred in the crank-shaft...

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