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LIBERTY MUTUAL INSURANCE CO. v. B. FRANK JOY CO.

No. 22802.

424 F.2d 831 (1970)

LIBERTY MUTUAL INSURANCE COMPANY, Appellant, v. B. FRANK JOY COMPANY, Inc., et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided February 5, 1970.

Attorney(s) appearing for the Case

Mr. James F. Bromley, Washington, D. C., with whom Mr. Thomas M. O'Malley, Washington, D. C., was on the brief, for appellant.

Mr. R. Harrison Pledger, Jr., Washington, D. C., with whom Mr. Charles E. Pledger, Jr., Washington, D. C., was on the brief, for appellees.

Before WILBUR K. MILLER, Senior Circuit Judge, and TAMM and MacKINNON, Circuit Judges.

MacKINNON, Circuit Judge:

Liberty Mutual Insurance Company (Liberty) sues as subrogee to recover the amount of a claim paid under an insurance policy to the Howard P. Foley Company (Foley) for flooding damage to certain tools, equipment and electrical material.

At 7:17 P.M. on November 7, 1963, the District of Columbia government received notice of a broken 6-inch water main at 1717 Massachusetts Avenue, N.W. Preceding the break, 2.58 inches of rain had fallen...

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