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LUMBERMENS MUTUAL INSURANCE COMPANY v. EDMISTER

No. 19370.

412 F.2d 351 (1969)

LUMBERMENS MUTUAL INSURANCE COMPANY, Appellant, v. Stanley C. EDMISTER and Dorothy Mae Edmister, Appellees.

United States Court of Appeals Eighth Circuit.

June 18, 1969.

Attorney(s) appearing for the Case

Glenn E. McCann, of Knipmeyer, McCann & Millett, Kansas City, Mo., for appellant and filed brief.

Clem W. Fairchild and Herbert M. Kohn, of Linde, Thomson, VanDyke, Fairchild & Langworthy, Kansas City, Mo., for appellees; Donald F. Price, Kansas City, Mo., was on the brief.

Brief of amicus curiae was filed by William H. Sanders and David C. Trowbridge, of Blackwell, Sanders, Matheny, Weary & Lombardi, Kansas City, Mo.

Before BLACKMUN, GIBSON and BRIGHT, Circuit Judges.

GIBSON, Circuit Judge.

The defendant Lumbermens Mutual Insurance Company appeals from a judgment in favor of plaintiffs, Stanley C. and Dorothy Edmister, entered by the District Court for the Western District of Missouri on a fire insurance policy issued by defendant. The judgment was for $26,000 plus $6175 interest. Trial was by the Court, a jury being waived. This is a diversity case in a requisite amount and the substantive law of Missouri applies.

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