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INSURANCE CO. OF NO. AMER. v. CITIZENS INSURANCE CO. OF NEW JERSEY

No. 17916.

425 F.2d 1180 (1970)

INSURANCE COMPANY OF NORTH AMERICA, a Corporation, Plaintiff-Appellee, and State Savings & Loan Association, a Corporation, and Loren E. Rector and Mary Rector, Defendants-Appellees, v. CITIZENS INSURANCE COMPANY OF NEW JERSEY, a Corporation, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

May 13, 1970.

Attorney(s) appearing for the Case

John H. Cunningham, Jr., St. Louis, Mo., Robert L. Broderick, Pope & Driemeyer, E. St. Louis, Ill., Willson, Cunningham & McClellan, St. Louis, Mo., for appellant.

Howard Boman, James H. Bandy, John W. Leskera, E. St. Louis, Ill., for appellee, Insurance Co. of North America.

Before MAJOR and CASTLE, Senior Circuit Judges, and FAIRCHILD, Circuit Judge.

MAJOR, Senior Circuit Judge.

This case involves a controversy between Insurance Company of North America (North America) and Citizens Insurance Company of New Jersey (Citizens), as to which is liable to State Savings & Loan Association (Savings & Loan) for a fire loss under circumstances subsequently related.

The case was tried to the court on a stipulation of facts, of which the deposition of Mr. John Hackmann, vice president of Savings & Loan...

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